Stephen Dennis v Megan Anderson — Benchmark — WA Industrial Relations Case Database

Ratio

The application was dismissed due to the applicant's failure to appear at the hearing on 4 August 2015 and non-compliance with the agreed final step of settlement (filing a Notice of Discontinuance), despite indicating such notice had been posted.

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 · 9

Applicant filed application pursuant to s29(1)(b)(i) of the Industrial Relations Act 1979
Conciliation conference held on 28 April 2015
Parties reached agreement in principle to settle at the conclusion of the conference
Settlement agreement required applicant to file a Notice of Discontinuance as final step
Respondent confirmed on 7 July 2015 that a deed of settlement had been executed and respondent had complied with all obligations
Commission asked applicant on 8 July 2015 to confirm whether claim was settled
Hearing convened for mention on 4 August 2015
Applicant indicated on 27 July 2015 that Notice of Discontinuance had been posted but it was never received
Applicant failed to appear at the hearing on 4 August 2015

Factors

For

Against

Applicant's failure to appear at the scheduled hearing
Applicant's failure to file the Notice of Discontinuance despite agreeing to do so as the final settlement step
No explanation provided for non-appearance or non-filing

Legislation referenced

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

Concept tags · 7

[P]Unfair dismissal (WA) [P]Denied contractual benefits (WA s29(1)(b)) [S]Conciliation and arbitration powers [S]Compulsory conference [S]Consent orders [S]Time limits for filing [M]Procedural fairness at dismissal stage

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2004] WASCA 114 Matthews v Cool Or Cosy Pty Ltd & Anor	WA Court of Appeal	2004-06-01	Resolved	2	32
[2002] WASCA 191 Bgc (Australia) Pty Ltd v Phippard	WA Court of Appeal	2002-07-18	Resolved	2	12
[2002] WASCA 161 Dellys v Elderslie Finance Corporation Ltd	WA Court of Appeal	2002-06-18	Against applicant	2	10
[2007] WASCA 72 THE ST CECILIA'S COLLEGE SCHOOL BOARD -v- GRIGSON	WA Court of Appeal	2007-03-30	Against applicant	2	0
[2006] WAIRC 5293 Industrial law — Denied contractual benefits	WAIRC — Full Bench	2006-01-01	Against applicant	2	4
2025 WAIRC 00820 Phillip Trestrail v City of Karratha	WAIRC — Full Bench	2025-10-01	Resolved	2	2
[2022] WAIRC 317 Adrian Doyle v Roman Catholic Bishop of Bunbury	WAIRC — Full Bench	2022-07-29	Against applicant	2	2
[2017] WAIRC 301 Robert Kinneen v Whelans	WAIRC — Full Bench	2017-05-30	Against applicant	2	1
[2025] WAIRC 00868 Phillip Trestrail v City of Karratha	WAIRC — Full Bench	2025-10-21	For applicant	2	0
[2009] WAIRC 1300 Industrial Law (WA) — Appeal against orders made by the Commission...	WAIRC — Full Bench	2009-01-01	Against applicant	2	0

Archived text (324 words)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Stephen Dennis APPLICANT -v- Megan Anderson RESPONDENT CORAM Acting Senior Commissioner P E Scott DATE Tuesday, 4 August 2015 FILE NO/S U 39 OF 2015 CITATION NO. 2015 WAIRC 00771 Result Application dismissed Order WHEREAS this is an application pursuant to Section 29(1)(b)(i) of the Industrial Relations Act 1979; and WHEREAS on the 28th day of April 2015 the Commission convened a conference for the purpose of conciliating between the parties; and WHEREAS at the conclusion of that conference, the parties reached agreement in principle to settle the applicant’s claim, the last step of which required the applicant to file a Notice of Discontinuance; and WHEREAS by email dated the 7th day of July 2015, the respondent informed the Commission that the parties’ agreement was reflected in a deed of settlement executed by the parties, and the respondent had complied with all of its obligations under the deed; and WHEREAS by email dated the 8th day of July 2015, the Commission asked the applicant to confirm whether or not his claim was settled; and WHEREAS by a Notice of Hearing dated the 23rd day of July 2015, the Commission advised the parties that a for mention hearing would be convened on the 4th day of August 2015 at 9.00 am; and WHEREAS by email dated the 27th day of July 2015, the applicant indicated he had posted a Notice of Discontinuance to the Commission’s Registry for filing, however, no Notice of Discontinuance has been received by the Commission; and WHEREAS the Commission listed the matter for mention for the 4th day of August 2015; and WHEREAS at the hearing on the 4th day of August 2015 there was no appearance for or by the applicant; NOW THEREFORE, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders: THAT this application be, and is hereby dismissed. Acting Senior Commissioner P E Scott