TERMINATION OF EMPLOYMENT – application to dismiss by employer – failure to prosecute application – ss.394, 587 Fair Work Act 2009 – application for relief from unfair dismissal – filed in July 2014 – respondent in liquidation – in-principle settlement – application not formally discontinued – deed not executed – no application to relist or otherwise deal with matter – application made to list application for arbitration 15 months later after approach to statutory fund unsuccessful – application by respondent to dismiss under s.587 – Carter and Chand considered – Commission found failure to prosecute and abuse of process – appropriate and within powers to dismiss application – unfair dismissal application dismissed. Klemm v Penrice Soda Products P/L (In Liquidation)
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