Barbara Catto v Inglewood & District Health Service

[2013] FWC 1584

[2013] FWC 1584

FAIR WORK COMMISSION

INTERIM DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Barbara Catto
v
Inglewood & District Health Service
(U2012/16188)

COMMISSIONER BISSETT MELBOURNE, 14 MARCH 2013

s.394 - application for relief from unfair dismissal - agreement between the parties on separation - application to have matter dismissed

[1] Ms Barbara Catto (the Applicant) commenced employment with Inglewood & District Health Service (Inglewood or the Respondent) on 12 February 2001. Her employment ended on 28 November 2012. Ms Catto has made an application for relief from unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (the Act).

[2] The Respondent says that Ms Catto was made redundant.

[3] The matter was listed before me to deal with the jurisdictional matter (that the Applicant’s dismissal was a genuine redundancy) and, if it was not, to determine the merits of the application.

[4] At the conclusion of the Applicant’s case Mr Harrington for the Respondent made an application pursuant to s.587 of the Act that I dismiss the application on the grounds that the Applicant entered into a binding agreement that her employment would cease even though the written terms of the agreement were not executed.

[5] On considering the submissions of Mr Harrington and Ms Pierce for the Applicant I rejected the application but granted liberty for the Respondent to apply again once the evidence of the Respondent had been dealt with.

[6] At the conclusion of the day’s proceedings and following receipt of the evidence of Mr Parker for the Respondent Mr Harrington again made application that I dismiss the application for unfair dismissal.

[7] I reserved my decision on that matter. This decision deals with that application only.

[8] I am aware that, should I not grant this application, the substantive application would need to be re-listed to hear from a witness and to hear final submissions.

[9] In the interest of minimising any additional costs to parties I have decided to issue an interim decision.

[10] I find that the Applicant did reach a binding settlement agreement with the Respondent on the terms of her separation from employment.

[11] Under s.587 of the Act I have the power to dismiss an application on grounds including, but not limited, to those specified in paragraphs (a), (b) and (c).

[12] On the basis of the evidence I find that the Applicant entered into a binding agreement as to the terms of her separation from the Respondent. Her application for unfair dismissal is therefore dismissed.

[13] Full reasons for the decision will be issued shortly.

COMMISSIONER

Appearances:

C. Pierce, solicitor for the Applicant.

N. Harrington of Counsel with D Hartnett, solicitor for the Respondent.

Hearing details:

2013.

Melbourne.

5 March.

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