TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – ss.394, 587 Fair Work Act 2009 – application for relief from unfair dismissal – settlement reached at conciliation – terms of settlement document provided to parties by staff of Commission – two months later applicant contacted Commission enquiring as to status of application – applicant informed settlement reached at conciliation and matter closed – requested matter proceed to arbitration – stated in-principle agreement at conciliation was subject to terms of deed of release of which she was unhappy with – applicant also raised newly discovered documentation that she alleged cleared her of misconduct – respondent objected to matter proceeding as agreement reached – Commission found no evidence of applicant or representative raising any objections upon receipt of terms or in weeks immediately following – applicant only challenged terms two months later when request made for arbitration – more plausible explanation that applicant wished for matter to proceed to arbitration owing to newly discovered documentation – Commission not persuaded that agreement reached was only an in-principle agreement and subject to the parties reaching agreement on terms of a deed of release – satisfied that parties reached an agreement by way of a binding settlement at conciliation on 17 August 2016 – application dismissed on the basis that it has no reasonable prospects of success. Heap v Calvary Health Care ACT Ltd t/a Calvary Health Care Bruce
