TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – ss.394, 587 Fair Work Act 2009 – application for unfair dismissal – conciliation before Asbury DP – terms of settlement sent to parties – applicant’s representative contacted Asbury DP advising that applicant had decided he was unwilling to accept the respondent’s offer of settlement and would like the matter set down for hearing – Commission considered whether applicant’s application should be dismissed under s.587 of FW Act because it had no reasonable prospects of success – applicant’s representative alleged that she explained the terms of settlement to applicant – ill-equipped to make significant decisions about his application – alleged that Asbury DP exerted undue influence over applicant – submitted there was no binding agreement because of his mental health issues – found there was an agreement of the kind described in category 2 of Masters v Cameron – application dismissed. Souter-Robertson v Achieve Corporate Services P/L atf Achieve Cleaning Services Trust
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