Settlement Agreement After Gross Misconduct


No no. But depending on the circumstances, your employer could fire you. If you reject the offer, you may not be better. If you feel you have been treated badly, you can still make a claim after you refuse a transaction, but you may not receive as much money as you were originally offered. Keep in mind that the terms of a transaction must be agreed upon by both parties and that your lawyer will be able to inform you of what would be appropriate in your circumstances. A transaction agreement may include a commitment from your employer to give an indication of you if he is asked to do so. The text and form of the reference can also be agreed with the transaction agreement – sometimes as an appendix to the agreement itself. If you are facing a disciplinary action, we can help you present the best case or negotiate an exit. If you have ever been disciplined, you will want someone who is an expert in labour law to negotiate good regulation for you.

As a general rule, agreements contain confidentiality rules. For example, the employee agrees: for example, you would have informed colleagues of your negotiations before you saw the confidentiality clause and you recognized that you had to keep the existence of the agreement confidential. If you sign a clause that you have already violated (or if you violate the clause after signing) and your employer finds out, they may argue that they no longer need to respect their side of the bargain. You can refuse to pay compensation or even try to recover money they have already paid you. While all of the above points are important, the most fundamental aspect is whether your employer truly believed and had reasonable grounds to believe that you were guilty of misconduct at the time and at the time he accepted that belief, there were as many investigations as was appropriate in the circumstances. This is called the Burchell test. At this point, the court should not focus on whether you are actually responsible for the fault or not.