TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – ss.394, 587 Fair Work Act 2009 – application for relief from unfair dismissal remedy – applicant dismissed following three allegations of harassment – no findings made about alleged misconduct – Conciliator recorded matter settled at conciliation conference – recorded that parties agreed to waive cooling off period – applicant contests recorded outcome – notice of discontinuance not filed – application to relist matter for arbitration – whether agreement reached in conciliation – failure to read out, during conciliation, precise wording of terms of agreement reached between parties does not mean concluded agreement was not reached [Zoiti-Licastro] – parties reached agreement on substantial matters and left conciliation with intention of drafting and executing formal document [Curtis] – dismissal application would have no reasonable prospect of success – application dismissed – order to be issued, subject to respondent filing of statutory declaration that Terms of Settlement as agreed have been and will continue to be complied with by respondent. Ropciuc v Australian Red Cross
