TERMINATION OF EMPLOYMENT – discontinuance – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – application listed for hearing as matter not resolved at conciliation – prior to hearing, applicant’s representative advised Commission that matter had settled and discontinuance would follow –applicant advised to wait until settlement money received before filing discontinuance – prior to receiving settlement monies applicant’s representative filed notice of discontinuance – applicant wrote to Commission requesting a hearing – Commission to determine if it has power to set aside discontinuance – applicant submitted that representative not instructed to file discontinuance – Narayan considered – Commission does not have power to set aside discontinuance [AB v Tabcorp Holdings Limited] – such application would need to be made to a Court – application dismissed. Hatton v Northern Beaches Community Services Limited
