Steven Withers v Innovative Mining Solutions Pty Ltd

[2014] FWC 5186

[2014] FWC 5186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Steven Withers
v
Innovative Mining Solutions Pty Ltd
(U2012/14703)

COMMISSIONER WILSON MELBOURNE, 31 JULY 2014

Application for relief from unfair dismissal - Respondent deregistered - no reasonable prospects of success - application dismissed.

[1] On 28 November 2013, Deputy President Gooley issued a decision 1 in relation to Mr Withers’ application for remedy from unfair dismissal.

[2] The Deputy President’s decision stayed Mr Withers’ application on the basis that Innovative Mining Solutions Pty Ltd (IMS) was in liquidation and pursuant to s.500(2) of the Corporations Act 2001, Mr Withers’ application was not able to proceed except with leave of the Court. 2

[3] An ASIC insolvency search was conducted on 21 July 2014 and disclosed that IMS was deregistered on 8 July 2014.

[4] On 23 July 2014, the Fair Work Commission (the Commission) wrote to Mr Withers and advised him of IMS’ deregistration. The Commission further advised that no proceeding can continue against a company which is deregistered. Mr Withers’ was given an opportunity to file a notice of discontinuance. He did not respond to the correspondence or file a notice of discontinuance.

[5] Taking into account the circumstances of this matter, I am satisfied that Mr Withers’ application has no reasonable prospects of success. Therefore, the application is dismissed pursuant to s.587(1)(c) of the Fair Work Act 2009.

COMMISSIONER

 1   [2013] FWC 9367.

 2 Ibid at [12].

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