Termination of employment – application to dismiss by employer – deed of settlement – s.394 Fair Work Act 2009 – parties reached settlement agreement at conciliation – applicant confirmed acceptance of offer via email – parties exchanged emails about terms of draft Statement of Service – terms of settlement not signed – respondent submitted applicant’s claim was extinguished – applicant’s representative advised agreement was in-principle and not binding – respondent evidenced settlement monies paid to applicant – applicant’s representative stated payment was unsolicited – if there is a binding agreement between parties to an unfair dismissal application, then application has no reasonable prospects of success and may be dismissed [Gorman] – Commission found binding agreement reached, however while applicant received the monies payable under the terms of settlement, she had not received the Statement of Service – matter not dismissed at this time – if respondent provides applicant with Statement of Service within seven days application will be dismissed. Lombardo v The West Australian Newspaper
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