Colin Cleave v Ayrtoun Farms
Commissioner Emmanuel
Not yet cited by other cases
Applicant: Colin Cleave
Respondent: Ayrtoun Farms
Ratio
The application was discontinued after the applicant confirmed payment had been received and the claim had been resolved. The applicant failed to formally file a Notice of Withdrawal despite being informed of the requirement to do so.
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 Colin Cleave brought application under s29(1)(b)(ii) of the Industrial Relations Act 1979 (WA)
- On 13 August 2018, respondent wrote to Commission indicating the amount sought in the claim had been paid to Mr Cleave
- On 28 August 2018, Mr Cleave telephoned the Associate and confirmed he had been paid and his claim had resolved
- Mr Cleave was informed he needed to file a Form 14 (Notice of withdrawal or discontinuance) to formally discontinue the claim
- Mr Cleave failed to file a Form 14 or contact the Commission after 28 August 2018
Legislation referenced
- Industrial Relations Act 1979 (WA) s29(1)(b)(ii)
Concept tags · 3
Archived text (220 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Colin Cleave
APPLICANT
-v-
Ayrtoun Farms
RESPONDENT
CORAM Commissioner T Emmanuel
DATE Monday, 01 October 2018
FILE NO/S B 49 OF 2018
CITATION NO. 2018 WAIRC 00776
Result Application dismissed
Representation
Applicant In person
Respondent N/A
Order
WHEREAS this is an application under s 29(1)(b)(ii) of the Industrial Relations Act 1979 (WA);
AND WHEREAS on 13 August 2018 the respondent wrote to the Commission attaching documents that indicated the amount sought in this claim had been paid to Mr Cleave;
AND WHEREAS on 20 August 2018 my Associate wrote to Mr Cleave, requesting that he update the Commission about whether the claim has resolved or whether he requests it be listed for hearing;
AND WHEREAS on 28 August 2018 Mr Cleave telephoned my Associate and told the Commission that he had been paid and his claim had resolved. My Associate informed him that to discontinue his claim, he would need to file and serve a Form 14 – Notice of withdrawal or discontinuance (Form 14);
AND WHEREAS Mr Cleave has not filed a Form 14 or contacted the Commission since 28 August 2018;
NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders –
THAT this application be, and by this order is, discontinued.
Commissioner T Emmanuel