TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – s.394 Fair Work Act 2009 – applicant and respondent had discussions between themselves about settling a range of the applicant’s claims including his unfair dismissal claim – multiple deeds of settlement drawn up – applicant and respondent had each signed different deeds – dispute between whether the amount payable to the applicant was a net amount or gross amount – applicant submitted that there was no agreement because the parties had not agreed on the final terms of settlement – respondent submitted that binding agreement had been reached and that as it had complied with the deed the matter should be dismissed – Commission unable to conclude that there was a binding agreement reached between the parties – applicant obliged to repay the monies as he contended there was no settlement – directions to be issued so that the application for unfair dismissal can be heard without further delay. Kakies v HJ Building Services
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