All forms are available on the Forms page of the Commission's website.
Discontinuance filed by mistake or under duress
In certain circumstances a notice of discontinuance can, in effect, be set aside if it was filed by mistake or under duress. In such circumstances, an application would need to be made to a court for a declaration that the notice was a nullity.
If an unfair dismissal applicant unconditionally discontinues their application before the Commission has determined it on the merits (ie without there having been a settlement of the matter), then they can make a fresh application in respect of the same dismissal.
This could be another unfair dismissal application, or if eligible, a general protections dismissal application or an unlawful termination application.
The subsequent application must be accompanied by the prescribed application fee and must be made within 21 days after the dismissal took effect (or within such further period as the Commission allows).