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"Expedition and informality" are desirable in industrial relations litigation, but when it comes to termination settlements, "there can be no substitute for clearly recorded written terms of agreement", a commission has highlighted.

The case at hand, in which an employer sought to finalise a dismissal dispute based on mutual agreement, "stands as yet another cautionary tale about the potential pitfalls of insufficient care being taken by parties to properly document a settlement", said NSW Industrial Relations Commissioner Anthony Howell.

The former registered nurse had lodged a dispute in December 2024, alleging her dismissal from Westmead Children's Hospital earlier that month was unfair.

As the nominal employer, the NSW Health Secretary filed a notice of motion on 1 July 2025 seeking orders dismissing or permanently staying the proceedings. It did so on the basis that a binding settlement had been reached in April...