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An executive's acceptance of a mutual separation offer via email amounted to a binding settlement, even though he never signed the deed of release, the Fair Work Commission has found in throwing out his general protections dispute.

Deputy President Gerard Boyce said the binding settlement required its terms to be recorded in a deed that was then executed by the parties, "as opposed to each party's agreement taking place upon the relevant deed being 'signed, sealed and delivered'".

Arriba Group objected to the chief legal and risk officer's general protections application on the basis that they had reached an agreement in August last year that barred him from making future claims.

The executive was not "dismissed", it said, because he agreed to leave the company rather than face an investigation and "likely" disciplinary action related to his workplace conduct...