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In force2025 Revised Edition

Part 3 · Proceedings Before Tribunal

15. Withdrawal and discontinuance

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(1)

A claimant may, without the permission of a tribunal or the Registrar, at any time before serving the claim on the respondent, withdraw the claim, or withdraw any specified employment dispute for which the claim is lodged, by filing a notice in the relevant Form with the Registry.

(2)

Where a claim has been served on the respondent, a claimant may not withdraw the claim, or withdraw any specified employment dispute for which the claim is lodged, unless the claimant —

(a)

files in the Registry —

(i)

the written consent of the respondent to do so; and

(ii)

a notice in the relevant Form; or (b)obtains the permission of a tribunal or the Registrar to do so.

(3)

A respondent may, without the permission of a tribunal or the Registrar, at any time before serving the response on the claimant, withdraw the response by filing a notice in the relevant Form in the Registry.

(4)

Where a response has been served on the claimant, a respondent may not withdraw the response, unless the respondent —

(a)

files in the Registry —

(i)

the written consent of the claimant to do so; and

(ii)

a notice in the relevant Form; or (b)obtains the permission of a tribunal or the Registrar to do so.

(5)

A claim is deemed to be discontinued if the claimant fails to file a declaration of service in accordance with rule 9(2).

(6)

A response is deemed to be withdrawn if the respondent fails to file a declaration of service in accordance with rule 10(3).

(7)

A tribunal or the Registrar may, at any stage of the proceedings, allow a claimant to withdraw a claim, or withdraw any specified employment dispute for which the claim is lodged, on any terms as to costs or otherwise that may be just, by filing a notice in the relevant Form with the Registry.

(8)

A tribunal or the Registrar may, at any stage of the proceedings, allow a respondent to withdraw a response, on any terms as to costs or otherwise that may be just, by filing a notice in the relevant Form with the Registry.

Subregulation 1

A claimant may, without the permission of a tribunal or the Registrar, at any time before serving the claim on the respondent, withdraw the claim, or withdraw any specified employment dispute for which the claim is lodged, by filing a notice in the relevant Form with the Registry.

Subregulation 2

Where a claim has been served on the respondent, a claimant may not withdraw the claim, or withdraw any specified employment dispute for which the claim is lodged, unless the claimant —

(a)

files in the Registry —

(i)

the written consent of the respondent to do so; and

(ii)

a notice in the relevant Form; or (b)obtains the permission of a tribunal or the Registrar to do so.

Subregulation 3

A respondent may, without the permission of a tribunal or the Registrar, at any time before serving the response on the claimant, withdraw the response by filing a notice in the relevant Form in the Registry.

Subregulation 4

Where a response has been served on the claimant, a respondent may not withdraw the response, unless the respondent —

(a)

files in the Registry —

(i)

the written consent of the claimant to do so; and

(ii)

a notice in the relevant Form; or (b)obtains the permission of a tribunal or the Registrar to do so.

Subregulation 5

A claim is deemed to be discontinued if the claimant fails to file a declaration of service in accordance with rule 9(2).

Subregulation 6

A response is deemed to be withdrawn if the respondent fails to file a declaration of service in accordance with rule 10(3).

Subregulation 7

A tribunal or the Registrar may, at any stage of the proceedings, allow a claimant to withdraw a claim, or withdraw any specified employment dispute for which the claim is lodged, on any terms as to costs or otherwise that may be just, by filing a notice in the relevant Form with the Registry.

Subregulation 8

A tribunal or the Registrar may, at any stage of the proceedings, allow a respondent to withdraw a response, on any terms as to costs or otherwise that may be just, by filing a notice in the relevant Form with the Registry.

Report

Part 4

Witnesses

Part 5

Setting Aside Order of Tribunal

Part 6

Appeals to Tribunal from Order of Registrar

Part 7

Appeals to General Division of High Court

Part 8

Other Proceedings

Part 9

Settlement Agreement

Part 10

Costs and Fees

Part 11

Miscellaneous