TERMINATION OF EMPLOYMENT – discontinuance – ss.394, 588 Fair Work Act 2009 – applicant lodged unfair dismissal application – respondent made jurisdictional objection that it was a small business and applicant had not met 12 month minimum employment period – applicant’s solicitor discontinued application – applicant’s solicitor withdrew discontinuance and notified Commission it was no longer representing applicant – Commission considered AB v Tabcorp Holdings Ltd decision – Commission found matter discontinued in accordance with Fair Work Commission Rules 2013 – held that while discontinuance may have been filed by mistake it was clear that the Commission cannot grant relief to set discontinuance aside – Commission found applicant’s unfair dismissal application withdrawn – applicant able to file further unfair dismissal application subject to an application for an extension of time. Roberts v Dawn House Incorporated
