Dianna Michelle Frantom v Ocean Alley Lifestyle
Senior Commissioner Cosentino
Not yet cited by other cases
Applicant: Dianna Michelle Frantom
Respondent: Ocean Alley Lifestyle
Ratio
The applicant's unfair dismissal claim was dismissed following a settlement agreement reached between the parties at a conciliation conference. The applicant had signed a Deed of Settlement and Release but failed to discontinue the matter, leading to a springing order. When the applicant subsequently sought to list the matter for hearing, the application was dismissed as the parties had already settled.
Outcome
Against applicant
dismissed
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 7
- Two conciliation conferences took place pursuant to s 32 of the IR Act
- At the conclusion of the second conciliation conference, the parties reached an agreement to settle the matter
- The parties signed a Deed of Settlement and Release
- The applicant did not discontinue the matter following the settlement
- On 20 September 2022, a directions hearing took place
- A springing order was issued on 20 September 2022
- On 12 October 2022, the applicant filed a Form 1A application requesting that a hearing be listed
Legislation referenced
- Industrial Relations Act 1979 (WA) s 29(1)(c)
- Industrial Relations Act 1979 (WA) s 32
- Industrial Relations Act 1979 (WA) s 27(1)(a)
Concept tags · 4
Cases cited in this decision · 1
Followed
[2022] WAIRC 679
— Dianna Michelle Frantom v Ocean Alley Lifestyle
"…ing reached; AND WHEREAS on 20 September 2022, a springing order was issued ([2022] WAIRC 00679); AND WHEREAS on 12 October 2022, the applicant filed a Form 1A application requesting that a hearing be listed in...…"
Archived text (265 words)
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Dianna Michelle Frantom
APPLICANT
-v-
Ocean Alley Lifestyle
RESPONDENT
CORAM Senior Commissioner R Cosentino
DATE Friday, 14 October 2022
FILE NO/S U 66 OF 2022
CITATION NO. 2022 WAIRC 00721
Result Application dismissed
Representation (on the papers)
Order
WHEREAS this is an application made pursuant to s 29(1)(c) of the Industrial Relations Act 1979 (WA) (IR Act);
AND WHEREAS two conciliation conferences took place pursuant to s 32 of the IR Act;
AND WHEREAS at the conclusion of the second conciliation conference, the parties reached an agreement to settle the matter;
AND WHEREAS the parties signed a Deed of Settlement and Release;
AND WHEREAS on 20 September 2022, a directions hearing took place as the applicant had not discontinued the matter in light of an agreement being reached;
AND WHEREAS on 20 September 2022, a springing order was issued ([2022] WAIRC 00679);
AND WHEREAS on 12 October 2022, the applicant filed a Form 1A application requesting that a hearing be listed in accordance with the order that issued ([2022] WAIRC 00679);
AND WHEREAS, I, the undersigned have considered the applicant’s Form 1A application requesting that a hearing be listed;
NOW THEREFORE, I the undersigned pursuant to the powers conferred on me under the Industrial Relations Act 1979 (WA), hereby order –
1. THAT the applicant’s Form 1A application requesting that a hearing be listed dated 12 October 2022 be and is hereby dismissed.
2. THAT the applicant’s unfair dismissal claim be and is hereby dismissed under s 27(1)(a) of the IR Act.
Senior Commissioner R Cosentino