Frequently asked questions.

Frequently asked questions.

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What are the circumstances under which I can seek a settlement agreement?

You may wish to seek a settlement agreement in a variety of circumstances, generally either when you want to leave your employment because you are unhappy, because your employer wants to terminate your employment, or where you have already left your employment and want to settle various claims you may have against your employer.

The following types of situations are circumstances which could lead to a settlement agreement:

  • If your employer has failed to pay you wages that you are due
  • If your employer has breached your contract of employment in some way (e.g. by failing to pay you a bonus or commission that you believe that you are due)
  • If you have been discriminated against at your job or harassed
  • If you have been victimised by your employer because you have raised a complaint
  • If your employer thinks that you are underperforming
  • If your employer thinks that you may have engaged in misconduct

Senior employees in organisations (such as executives or directors) may find that a restructure, merger or a change in strategy may lead to a situation where their continued employment is difficult. A natural solution to such an issue is for the senior employee and the employer to agree mutual termination terms, which can be arranged via an employment settlement agreement.