the Applicant v Dynapex Pty Ltd
Citation: [2026] FWC 2293
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an unfair dismissal application against Dynapex Pty Ltd on May 28, 2025. Shortly after, the company entered voluntary liquidation in July 2025, with liquidators appointed who would not participate in the proceedings. The Fair Work Commission subsequently advised the Applicant that his case could only proceed with court permission under the Corporations Act 2001. He was warned that failure to seek this leave or respond to correspondence could lead to dismissal of his application. Despite multiple attempts at contact, the Applicant did not respond.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application under section 587(1)(c) of the Fair Work Act 2009. The Commission found that the application had no reasonable prospects of success due to the Applicant's failure to obtain court leave and his lack of engagement with the process, despite repeated warnings. As he did not respond to correspondence, the application was dismissed without further notice.
What it means for employers
This case highlights the impact of company liquidation on ongoing legal proceedings. Employers should be aware that if a company enters administration or liquidation, existing employee claims may be affected by restrictions under the Corporations Act. It is crucial to inform employees and relevant authorities about the change in status and potential implications for pending matters.
What it means for employees
Employees need to understand that if their employer goes into liquidation, pursuing legal action can become significantly more complex. They must obtain court leave to proceed with claims and actively engage with correspondence from tribunals like the Fair Work Commission. Failure to do so may result in dismissal of their application.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →