It is important for lawyers and their clients to understand at
what point a binding agreement is reached in a negotiation, as the
Fair Work Commission will hold parties to a verbal settlement
agreement.
This was recently reinforced by the commission, when it refused
to allow an applicant to renege on a verbal settlement agreement
reached at an unfair dismissal conciliation conference
Verbal agreement to settle
In Csontos v QT Hotels & Resorts Pty Ltd [2016] FWC
3632, Mr Csontos had made an unfair dismissal application after he
was dismissed by QT Hotels & Resorts Pty Ltd (QT) after just
over six months of employment as a chef.
The commission conducted a conciliation conference in line with
its usual dispute resolution processes. The parties attended via
telephone and neither was legally represented, although Mr Csontos
was assisted by an interpreter.
