Simiao Chen v All Colour Media Printing (VIC)
[2023] FWC 134
•19 JANUARY 2023
| [2023] FWC 134 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Simiao Chen
v
All Colour Media Printing (VIC)
(U2018/8582)
| COMMISSIONER BISSETT | MELBOURNE, 19 JANUARY 2023 |
Application for an unfair dismissal remedy
On 22 August 2018 Mr Simiao Chen (the Applicant) made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the FW Act) alleging he was unfairly dismissed by All Colour Media Printing (VIC) (the Respondent).
On 19 October 2018 the Commission was made aware that the Respondent had entered external administration. On 7 November 2018 a Decision[1] was issued staying the matter until leave of a Court was granted.
On 6 January 2023 the Commission sent correspondence to Mr Chen’s nominated email address advising him that his matter is at risk of being dismissed as it is apparent he does not intend to seek the leave of the Court. Mr Chen was asked to reply by 12.00 pm 13 January 2023.
The Commission has not received any correspondence from Mr Chen.
Section 587 of the FW Act provides as follows:
587 Dismissing applications
(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:
(a) the application is not made in accordance with this Act; or
(b) the application is frivolous or vexatious; or
(c) the application has no reasonable prospects of success.
In the circumstances where leave of the Court is required to proceed, and that leave has not been sought by Mr Chen, I am satisfied that Mr Chen’s application has no reasonable prospects of success.
As such, I order that the application be dismissed pursuant to s.587(1)(c) of the FW Act.
COMMISSIONER
[1] [2018] FWC 6783
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