High-paid executive argues no deal exists while employer claims binding agreement made
18 Jun 2025
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The Fair Work Commission (FWC) recently dealt with a case involving a senior professional who claimed he was dismissed by his employer after raising workplace concerns, only to have the employer argue that a binding settlement agreement had already been reached between the parties.
The worker argued that no binding agreement existed because the formal documentation remained unsigned and he considered the terms unsatisfactory.
He maintained that his departure was actually a dismissal in contravention of general protections laws, particularly as he had been raising business risks and compliance issues as part of his role.
The worker's legal team argued that any settlement discussions were incomplete and uncertain, making them unenforceable.
The case centred on whether informal settlement negotiations conducted "without prejudice" could create legally binding obligations even when the formal deed of release was never executed.
The worker had been employed as chief legal and risk officer since December 2022, earning over $400,000 annually with a company providing rehabilitation services, allied health assessments, and disability support services.
The employer operated across Australia with around 600 employees, 120 offices and sites, and 170 vehicles.
His role involved supervising three direct reports,...
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