Michelle Burgermeister v Chrysalis Support Services Inc
Commissioner Matthews
Not yet cited by other cases
Applicant: Michelle Burgermeister
Respondent: Chrysalis Support Services Inc.
Ratio
The parties reached a settlement agreement at conference on 2 November 2017. The matter settled on that date and the Commission ordered the respondent to pay the settlement sum within 14 days, upon which the claim would be dismissed. The settlement was not conditional on execution of a deed.
Outcome
Resolved
settled
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
- Applicant filed notice of claim of harsh, oppressive or unfair dismissal on 31 March 2017
- Three conferences occurred: 31 July 2017, 8 August 2017, and 2 November 2017
- At the conference on 2 November 2017, the parties reached a settlement agreement
- Settlement agreement was to be reflected in a deed but was not subject to signing of a deed
- Applicant was not responding to communications from respondent's agent after settlement
- Respondent had complied with all settlement terms except payment of the settlement sum
- Respondent committed considerable expense and time to the matter
Legislation referenced
- Industrial Relations Act 1979 (WA)
Concept tags · 3
Archived text (328 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Michelle Burgermeister
APPLICANT
-v-
Chrysalis Support Services Inc.
RESPONDENT
CORAM Commissioner D J Matthews
DATE wednesday, 13 December 2017
FILE NO U 52 OF 2017
CITATION NO. 2017 WAIRC 01004
Result Order made
Representation
Applicant In person
Respondent Mr A Durack as agent
Order
WHEREAS the applicant filed a notice of claim of harsh, oppressive or unfair dismissal on 31 March 2017;
WHEREAS conferences occurred on 31 July 2017, 8 August 2017 and 2 November 2017;
WHEREAS at the conference on 2 November 2017 the parties reached an agreement to settle the matter;
WHEREAS the settlement agreement was to be reflected in a deed but was not subject to the signing of a deed;
WHEREAS the agent for the respondent informed the Western Australian Industrial Relations Commission by letter dated 27 November 2017 that the applicant was not responding to communications from him;
WHEREAS the agent for the respondent also informed the Western Australian Industrial Relations Commission that the respondent had complied with all terms of the settlement except payment of the settlement sum to the applicant, and provided evidence of having done so;
WHEREAS the agent for the respondent also informed the Western Australian Industrial Relations Commission that the respondent had committed considerable expense and time to the matter and did not wish to incur further expense;
WHEREAS it is accepted by me that the matter settled at the conference on 2 November 2017 and that it would be unfair to the respondent to have it do anything further in relation to the matter I hereby order pursuant to the Industrial Relations Act 1979 that:
within 14 days the respondent pay to the applicant the settlement sum and provide evidence to the Western Australian Industrial Relations Commission of having done so.
UPON receipt of the evidence referred to in the order above the Western Australian Industrial Relations Commission will forthwith issue a separate order dismissing the claim.
Commissioner D J Matthews