Frank Khan v Thomas Building Pty
Commissioner Matthews
Not yet cited by other cases
Applicant: Frank Khan
Respondent: Thomas Building Pty
Ratio
The application was dismissed following settlement of the dispute on the basis that the respondent paid $5,000 to the applicant and the applicant agreed to discontinue the proceedings; the Commission dismissed the application as the parties had agreed terms and the payment had been made.
Outcome
Resolved
settled
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
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Key facts · 5
- The parties settled the matter at a conference on 9 March 2020.
- Settlement terms: respondent to pay applicant $5,000 within seven days, applicant to discontinue the application.
- A settlement agreement was signed by the parties following the conference.
- The respondent provided evidence that the $5,000 payment was made.
- The Commission unsuccessfully attempted to contact the applicant on numerous occasions.
Legislation referenced
- Industrial Relations Act 1979 (WA)
Concept tags · 3
Archived text (216 words)
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Frank Khan
APPLICANT
-v-
Thomas Building Pty
RESPONDENT
CORAM Commissioner D J Matthews
DATE Monday, 6 April 2020
FILE NO/S U 10 OF 2020
CITATION NO. 2020 WAIRC 00194
Result Application dismissed
Representation
Applicant In person
Respondent Ms G Coleman
Order
HAVING heard from the applicant in person and Ms G Coleman for the respondent during a conference on 9 March 2020;
WHEREAS the parties settled the matter at the conference on 9 March 2020 on the basis that the respondent pay to the applicant the sum of $5,000 within seven days and the applicant would then discontinue the application;
AND WHEREAS following the conference on 9 March 2020 the parties signed a settlement agreement which included, among others, the terms as set out in the previous paragraph;
AND WHEREAS the respondent has provided evidence that the payment of $5,000 to the applicant has been made;
AND WHEREAS the Commission has unsuccessfully attempted to contact the applicant on numerous occasions;
AND WHEREAS the Commission has no reason to believe that the application ought remain on foot;
NOW THEREFORE I, the undersigned, pursuant to the powers conferred on me under the Industrial Relations Act 1979 order that the application be, and is hereby, dismissed.
Commissioner D J Matthews