If you don`t want to negotiate with your employer, you can go to an employment tribunal instead. To do this, you need to engage in an early conciliation. Your employer should expect to pay a contribution to your legal fees between $350 and $500 (plus VAT), depending on the complexity and extent of the problems. This is probably to cover all your legal fees in a simple case. In some cases, your employer may pay up to $1,500, especially if complex agreements are reached after the end of the termination period or if it is necessary to sign a second signature if you are processing your termination. 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. At any time, a worker has the right to refuse to enter into a transaction agreement and cannot have a conclusion unless he has received full and correct advice on the contract. It is a precondition for a transaction agreement that you will receive independent legal advice and that the advisor has signed and a certificate of advice. Without the advisor signing such a certificate, the agreement is not legally binding.
Non-derogatory clauses are clauses that prevent you from making derogatory remarks/comments about your employer that are pejorative. If an employer has such a clause in the transaction agreement, it is important that you also get a rearview clause that prevents the employer from making such derogatory remarks about you. An agreement under which you waive your right to invok a work application can only be recognized by law if a certified lawyer, union or advisor signs it. A transaction agreement (formerly known as a compromise agreement) is a legally binding agreement between you and your employer. This generally provides for an employer`s severance pay in exchange for your consent not to make claims in court or court. As a general rule, the employer requires that you keep the conditions, such as. B the amount and circumstances of termination of your contract. Before offering transaction agreements and compensation to an employee or a number of employees, you should determine where the risk of a future claim may lie and assess your potential financial liability. It may also be useful to use a transaction agreement when an ex-Gratia payment is made, as in the case of a layoff.