Finlay v Roads and Maritime Services [2013] NSWADT 238

Finlay v Roads and Maritime Services [2013] NSWADT 238

Clause 1.2(b) is not a term of the conciliation agreement obliging RMS to act; even if it were a term, RMS has not failed to comply as no final decision has been made regarding the applicant's position.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 October 2013
Procedural Posture
Application for Registration of Conciliation Agreement / Decision
Outcome
Application refused
Legal Topics
['registration of Conciliation Agreement' 'deed of Release' 'compliance With Agreement Terms']
['anti Discrimination'] ['registration of Conciliation Agreement' 'deed of Release' 'compliance With Agreement Terms']

Source-derived case record

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Procedural Posture

Application for Registration of Conciliation Agreement / Decision

  1. 1 ['Whether clause 1.2(b) is a term of the conciliation agreement' 'Whether RMS failed to comply with the term']

Ratio Decidendi

Clause 1.2(b) is not a term of the conciliation agreement obliging RMS to act; even if it were a term, RMS has not failed to comply as no final decision has been made regarding the applicant's position.

Court Disposition

Application refused

Orders

  • ["The applicant's application for the Tribunal to register a term of the conciliation agreement is refused."]