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 – Commission advised applicant of three day cooling off period for settlement – terms of settlement document provided to parties by respondent representative – applicant phoned Commission two days later and advised she needed more time to review draft terms – Commission advised parties matter could only be held for two more days before it would be referred to arbitration – two days later applicant advised Commission she would not sign terms of settlement – arbitration set down by Commission – respondent representative contacted applicant advising settlement was not recanted within three day cooling off period and thus was binding – advised if applicant did not advise she would honour agreement by 12 December 2016 respondent would file objection to application – applicant appointed representative who advised cooling off period extended by Commission and settlement therefore not binding – respondent challenged arbitration on grounds that settlement reached – Commission not satisfied cooling off period extended – Commission not persuaded that agreement reached was only an in-principle agreement and subject to parties reaching agreement on terms of a deed of release – satisfied parties reached agreement by way of binding settlement at conciliation on 25 November 2016 – application dismissed on basis that it had no reasonable prospects of success. Naicker v Genevieve Toop t/a Epworth Freemason
