Trent Adams v Josh Virgo T/A Get Laid Tiling Pty Ltd

[2014] FWC 5228

[2014] FWC 5228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Trent Adams
v
Josh Virgo T/A Get Laid Tiling Pty Ltd
(U2013/7010)

COMMISSIONER WILSON MELBOURNE, 1 AUGUST 2014

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

[1] On 4 July 2013, Deputy President Gooley issued a decision 1 in relation to Mr Adams’ application for remedy from unfair dismissal.

[2] The Deputy President’s decision stayed Mr Adams’ application on the basis that Josh Virgo T/A Get Laid Tiling Pty Ltd (Get Laid Tiling) was in liquidation and pursuant to s.500(2) of the Corporations Act 2001, Mr Adams’ application was not able to proceed except with leave of the Court. 2

[3] An ASIC insolvency search was conducted on 23 July 2014 and disclosed that Get Laid Tiling was deregistered on 26 January 2014.

[4] On 23 July 2014, the Fair Work Commission (the Commission) wrote to Mr Adams and advised him of Get Laid Tiling’s deregistration. The Commission further advised that no proceeding can continue against a company which is deregistered. Mr Adams 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 Adams’ 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 4414.

 2 Ibid at [16].

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