Benchmark WA Industrial Relations Case Database

Chloe Taylah Robinson v Electrical Networks Corporation

[2022] WAIRC 185 Single Commissioner (WAIRC) 2022-05-05 File: U 24/2022
Source
Commissioner Walkington
Not yet cited by other cases
Applicant: Chloe Taylah Robinson
Respondent: Electrical Networks Corporation

Ratio

The application for unfair dismissal was discontinued by leave following the applicant's request to withdraw the claim and pursue it in the Fair Work Commission, with the respondent's consent.

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 · 5

  • Applicant filed unfair dismissal application under WA IR Act s29(1)(b)(i)
  • On 17 March 2022, applicant wrote to the Commission stating client was pursuing claim in the Fair Work Commission and sought to discontinue the WAIRC application
  • Commission requested Form 1A – Discontinuance but it was not filed
  • On 3 May 2022, Commission accepted the 17 March 2022 email as written advice of discontinuance
  • Respondent consented to discontinuance

Legislation referenced

  • Industrial Relations Act 1979 (WA) s29(1)(b)(i)

Concept tags · 4

[P]Unfair dismissal (WA) [P]Denied contractual benefits (WA s29(1)(b)) [S]Consent orders [M]Federal/state inconsistency (s109)
Archived text (224 words)
UNFAIR DISMISSAL APPLICATION WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Chloe Taylah Robinson APPLICANT -v- Electrical Networks Corporation RESPONDENT CORAM Commissioner T B Walkington DATE thursday, 5 May 2022 FILE NO/S U 24 OF 2022 CITATION NO. 2022 WAIRC 00185 Result Discontinued by Leave Representation Applicant Mr A Dique (of counsel) Respondent Ms T Kerr Order WHEREAS this is an application under s 29(1)(b)(i) of the Industrial Relations Act 1979 (WA); AND WHEREAS the applicant wrote to the Commission on 17 March 2022 and said ‘our client is now pursuing her claim in the Fair Work Commission and seeks to discontinue the application filed in the WAIRC’; AND WHEREAS the Commission requested the applicant file a Form 1A – Discontinuance to discontinue the application; AND WHEREAS a Form 1A – Discontinuance has not been filed in the Commission; AND WHEREAS on 3 May 2022 the Commission informed the parties that it would accept the 17 March 2022 email as advice in writing that the applicant seeks to discontinue this application; AND WHEREAS the Commission sought the respondent’s views and the respondent advised that it consents to the matter being discontinued; NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders – THAT this application be, and by this order is, discontinued by leave. Commissioner T B Walkington