TERMINATION OF EMPLOYMENT – discontinuance – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – on 17 November 2015 the respondent advised the Commission that the parties had reached an in principle settlement and on the same day , the applicant filed a notice of discontinuance – on 19 November 2015 the applicant advised the Commission that he had filed the notice of discontinuance by mistake and under extreme duress – he said he was not in a fit or proper state of mind when he filed the notice of discontinuance and asked that his application be reopened – Commission does not have the power to set aside a notice of discontinuance and that any such application would need to be made to the Court [AB v Tabcorp Holding Limited] – filing a notice of discontinuance does not preclude the filing of a further unfair dismissal application [Narayan] – application to set aside the notice of discontinuance dismissed. McCaig v DP World Melbourne Limited t/a DP World Melbourne.
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