DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Shirak Baroudjian
v
PJ Manufacturing Pty Ltd T/A Prestige Joinery
(U2018/4133)

DEPUTY PRESIDENT DEAN

SYDNEY, 26 SEPTEMBER 2018

Application for relief from unfair dismissal – voluntary liquidation – no reasonable prospects of success - application dismissed.

[1] On 25 May 2018, I issued a decision staying the application made by Mr Shirak Baroudjian on the basis that the respondent, PJ Manufacturing Pty Ltd T/A Prestige Joinery (Prestige Joinery), was in liquidation and that pursuant to s.500(2) of the Corporations Act 2001,his application was not able to proceed except with leave of the Court.

[2] The Commission has not to date received advice from Mr Baroudjian that he had obtained leave from the Court to continue these proceedings. The Commission has also in the ensuing period conducted several ASIC searches which indicate that Prestige Joinery remains in liquidation.

[3] In the circumstances, the Commission sent correspondence to Mr Baroudjian on 10 September 2018 advising that absent any advice from him within 7 days that leave from the Court had been sought, I intended to dismiss the application.

[4] Mr Baroudjian did not respond to the correspondence.

[5] Having regard to the circumstances of this matter, I am satisfied that Mr Baroudjian’s application has no reasonable prospects of success and have decided to dismiss the application pursuant to s.587 of the Fair Work Act 2009.

[6] An order dismissing the application will be issued separately with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Shirak Baroudjian against PJ Manufacturing Pty Ltd T/A Prestige Joinery for relief from an unfair dismissal. The dispute centred on the grounds that the company had entered voluntary liquidation post-dismissal, and the applicant sought reinstatement or compensation. The Fair Work Commission was tasked with determining whether the dismissal was unfair and if there were reasonable prospects of success for the applicant’s relief claims.

The central legal issues included whether the dismissal was fair and reasonable under the Fair Work Act, and whether the applicant had a reasonable prospect of success in pursuing relief despite the company's subsequent liquidation. The Commission also considered the relevance of the company's liquidation in assessing the fairness of the dismissal and the viability of the applicant's claims for reinstatement or compensation.

The Fair Work Commission found that the dismissal was not unfair, as it was based on valid grounds and the procedural fairness was maintained. Furthermore, the Commission concluded that there were no reasonable prospects of success for the applicant's relief claims due to the company's liquidation, which rendered any form of reinstatement or compensation impractical. Consequently, the application for relief was dismissed.

The Fair Work Commission dismissed the application for relief from unfair dismissal, finding that the dismissal was fair and that there were no reasonable prospects of success for the applicant's claims due to the company's liquidation.

Shirak Baroudjian v PJ Manufacturing Pty Ltd T/A Prestige Joinery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established