Stephen Brady v Nurcha Shared Services Pty Ltd

[2023] FWC 2763

[2023] FWC 2763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Stephen Brady
v

Nurcha Shared Services Pty Ltd

(U2023/4196)

COMMISSIONER BISSETT MELBOURNE, 23 OCTOBER 2023

Application for an unfair dismissal remedy

1. On 16 May 2023 Mr Stephen Brady (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 Nurcha Shared Services Pty Ltd (the Respondent).

1. On 24 May 2023 the Commission was made aware that the Respondent had entered external administration. On 14 June 2023 Mr Brady was sent correspondence advising him that his matter cannot proceed without leave of a Court.

1. On 12 October 2023 the Commission sent correspondence to Mr Brady’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 Brady was asked to reply by 4.00 pm 19 October 2023.

1. The Commission has not received any correspondence from Mr Brady.

1. 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.

1. In the circumstances where leave of the Court is required to proceed, and that leave has not been sought by Mr Brady and no correspondence has been received in relation to Mr Brady seeking leave of the Court, I am satisfied that Mr Brady’s application has no reasonable prospects of success.

1. The application is therefore dismissed.

COMMISSIONER

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