Caulfield v Bellingen Shire Council [2021] NSWCATAD 267

Caulfield v Bellingen Shire Council [2021] NSWCATAD 267

The Tribunal held that the Deed of Settlement and Release, executed by the applicant with legal advice, released all claims arising from the applicant's employment, including the Anti-Discrimination complaint before the Tribunal. Therefore, the respondent was entitled to plead the Deed as a complete defence to the continuation of the proceedings, warranting the complaint's dismissal.

Parties
Applicant: Anthony Caulfield; Respondent: Bellingen Shire Council
Jurisdiction
Australia
Judgment Date
15 September 2021
Procedural Posture
Complaint Under Anti Discrimination Act 1977 (nsw) / Application for Dismissal of Complaint
Outcome
Complaint dismissed
Legal Topics
Discrimination, Workplace Discrimination, Deed of Settlement, Release of Claims, Enforcement of Settlement
Human Rights Employment Law Administrative Law Discrimination Workplace Discrimination Deed of Settlement Release of Claims Enforcement of Settlement

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Parties

Anthony Caulfield

Applicant

Bellingen Shire Council

Respondent

Procedural Posture

Complaint Under Anti Discrimination Act 1977 (nsw) / Application for Dismissal of Complaint

Legal Issues

  1. 1 Whether the Deed of Settlement and Release precludes the applicant from continuing with the claim under the Anti-Discrimination Act 1977 (NSW)

Ratio Decidendi

The Tribunal held that the Deed of Settlement and Release, executed by the applicant with legal advice, released all claims arising from the applicant's employment, including the Anti-Discrimination complaint before the Tribunal. Therefore, the respondent was entitled to plead the Deed as a complete defence to the continuation of the proceedings, warranting the complaint's dismissal.

Court Disposition

Complaint dismissed

Orders

  • The application by the respondent to have the complaint dismissed is granted.
  • The complaint bearing NCAT file number 2021/00080160 is dismissed.