CASE PROCEDURES – discontinuance – ss.394, 586 Fair Work Act 2009 – settlement in unfair dismissal matter reached at conciliation on 29 June 2016 – applicant emailed Commission on 4 July 2016 advising he did not wish to go ahead with settlement and electing to proceed to arbitration – Notice of Discontinuance filed by applicant’s representative on 8 July 2016 – email from representative on 15 July 2016 suggesting they may have filed Notice of Discontinuance in error and confirming applicant’s intention to proceed to arbitration – applicant confirmed in writing of intention to proceed – Commission emailed applicant on 26 July 2016 directing him to file and serve any evidence and submissions in support of application to revoke discontinuance – applicant did not contact Commission nor provide submissions – AB v Tabcorp Holding Limited considered and held to be binding – Commission does not have power to set aside notice of discontinuance – application dismissed. Axelby v Woolworths Limited t/a Masters Home Improvements Upper Coomera
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