Mr Brett Jiggins v Toll Pty Ltd

The applicant, Mr Brett Jiggins, sought a remedy in relation to an unfair dismissal, claiming that the deed of settlement he signed was improperly executed due to the employer's conduct. The respondent, Toll Pty Ltd, denied these allegations, asserting that the deed was properly executed and that Mr Jiggins was fully aware of its terms and implications. The Federal Circuit Court was tasked with determining whether the deed was vitiated by the employer's conduct, specifically whether it was obtained through duress.

The court examined whether Mr Jiggins had a genuine belief that the settlement was his only option to resolve his employment dispute and whether the employer's conduct amounted to duress. The primary legal issue was whether the deed of settlement was voidable due to the employer's alleged duress. The court considered the nature of the employer's conduct, Mr Jiggins's state of mind, and whether he had independent legal advice before executing the deed.

The court found that the employer did not engage in conduct that could be characterised as duress. It held that Mr Jiggins had not demonstrated that he was forced into the settlement due to improper or illegitimate pressure from the employer. Furthermore, the court found that Mr Jiggins had access to independent legal advice and that he understood the consequences of signing the deed. As a result, the court concluded that the deed of settlement was properly executed and was not vitiated by duress. Consequently, the application for a remedy was dismissed under section 587(1)(c) of the Fair Work Act 2009.