the Applicant v Miyay Birray Youth Services Inc
At a glance
- 1
What happened
the Applicant commenced an application to the Fair Work Commission seeking an unfair dismissal remedy against Miyay Birray Youth Services Inc. Following discussions, a settlement offer was made and accepted. A Deed of Release was signed, and the Applicant was required to file a Notice of Discontinuance. Despite multiple requests, the Applicant failed to file this document. the Respondent then sought to have the application dismissed.
What was decided
the Fair Work Commission dismissed the Applicant’s application for an unfair dismissal remedy. The Commission found she unreasonably failed to discontinue the application after a settlement agreement had been concluded. the Applicant did not respond to the Respondent’s application to dismiss or comply with directions from the Commission. The decision was made under section 399A(c) of the Fair Work Act.
What it means for employers
Employers should ensure settlement agreements are followed through with formal documentation, including a Notice of Discontinuance. Failure by an employee to comply with settlement terms can provide grounds for dismissing an application, even after a settlement is seemingly reached.
What it means for employees
Employees must fulfil their obligations under settlement agreements, including filing required documentation like a Notice of Discontinuance. Failure to do so can result in the dismissal of their application, even if a settlement has been agreed.
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