There is no obligation for you to disclose the existence of a transaction contract to your next employer. In fact, privacy rules may prevent you from revealing the fact that you have signed a transaction agreement. However, the parties may discuss and agree on what you will tell both parties to your next employer. This rule applies in parallel with the existing regulation of “non-prejudice” discussions and that is, the “no prejudice” rule for situations where there are no “existing disputes” (see above). However, it is significant that the content of these settlement discussions is not admissible insofar as it relates to ordinary unjustified redundancy rights. Regulations do not prevent discussions before the Tribunal on other claims, such as automatic unfair dismissal, discrimination and infringement (unless they fall under the “no prejudice” rule). For the first time in 1993, transaction agreements (formerly known as compromise agreements) have become increasingly common to settle employers and workers and/or to sever the employment relationship. Your lawyer should review the different amounts available to you in your transaction agreement and advise you if this is a good deal. This is based on the facts of the employer`s request to terminate your contract. Your lawyer should give you advice as to whether you have a strong right if you take your case to court or a court and calculate what you would get if you continued your application in court in relation to what is proposed to you in the settlement agreement. A transaction contract is a legally binding agreement between the worker and the employer. Under the agreement, the worker generally receives a payment or other benefit in return for his willingness not to start (or terminate) employment-related rights against the employer. There are a number of scenarios in which billing agreements are used.
They generally apply where the employer does not want to go through a long and long process, for example. B of a performance review or a complete redundancy process before being able to lay off. If you already have problems with discrimination or have filed a complaint, the employer may circumvent the right to constructive dismissal and/or discrimination. A transaction contract is often offered to a dismissed employee in exchange for higher remuneration beyond the minimum legal and contractual requirements. It is also very important that all discussions between the parties on the proposed agreement comply with certain legal requirements, otherwise, if the agreement is not concluded at the end, these discussions could be used as evidence in all subsequent court proceedings. Is that really all I need to know about agreements? In particular, it is not necessary for the worker to be advised by an independent consultant on the terms and effects of the agreement. However, the CASA representative will endeavour to find a general solution to the issues in question, rather than representing the specific interests of one of the two parties. Anyone wishing to get advice in their own case can contact an employment law specialist as well as CASA. probably! But this information does not replace technical legal advice on your situation.
If you would like additional advice or if you intend to obtain a transaction agreement, contact Truth Legal to agree to a free, non-binding consultation with a lawyer. By signing a transaction contract, the worker waives his legal rights to assert rights against his employer. These are, as a general rule, the rights arising from the employment contract (although, as noted above, the waiver of contractual rights should not be made by a transaction contract) and certain legal labour rights.