The Problems People Bring to Us
Not every employment problem needs a claim. Often the best outcome is an agreed exit: you leave, on terms you have negotiated, with the dispute closed. People come to us when:
- The working relationship has broken down, through a conflict with a manager, a health issue, or a change in the business, and both sides know it cannot continue.
- They have a potential claim for discrimination, general protections or unpaid entitlements, and would rather resolve it than litigate it.
- The employer has offered a package, or raised the idea of a "mutual separation", and they want to know whether it is fair.
- They have been handed a deed of release and told to sign it.
- They care how the exit looks: whether it is recorded as a resignation or a dismissal, what reference is given, and what is said to colleagues and clients.
How We Help, Stage by Stage
First Discussion
We listen to what has happened and what you want: to stay, to go, or to keep the option open. We identify any claims you could bring, because those are what give a negotiation its weight, and the deadlines attached to them.
What you get: an honest view of your position and whether a negotiated exit is realistic.
Reviewing Your Documents
We read your contract, any offer or deed, and the correspondence, and check your entitlements on leaving.
What you get: a clear list of what you are owed in any event, separate from what is up for negotiation.
Advice on Your Options
We explain what an agreed exit could include, what you would be giving up by signing a release, and how the terms can be structured.
What you get: a negotiating brief agreed with you before anything is sent.
Negotiating
We approach the employer, usually in a without prejudice letter, which means it cannot later be used in court as an admission. We handle the back and forth, and advise you on every offer.
What you get: a professional negotiation conducted on your instructions, without you having to face your employer across the table.
If Negotiation Fails
If the employer will not engage and you have been dismissed, we advise on lodging a claim within the time limit. Some matters resolve only once a claim is on foot.
Settlement and the Deed
The deed is where the agreement becomes binding. Depending on what was agreed, it can deal with:
- the payment, and how it is to be treated for tax
- how your employment ends, including whether it is recorded as a resignation
- a statement of service or an agreed reference
- confidentiality, and mutual non-disparagement
- the return of property, and any continuing obligations under your contract
- the release of claims, both ways
What you get: a deed drafted or reviewed by us, explained clause by clause before you sign.
What to Bring to the First Conversation
- Your contract, and any policies it refers to
- Any offer, deed or "mutual separation" letter you have received, and its deadline
- A summary of what has gone wrong, with dates
- Emails, messages or notes that support your side
- Recent payslips and a note of your leave balances
- What you want out of the exit, including any reference or wording that matters to you
How We Have Helped
An employee's relationship with their employer had broken down while they were dealing with a health issue. They did not want to litigate, but they cared about how their employment ended and how it would be recorded. We negotiated an exit on agreed terms, recorded in a deed. No claim was filed.
An employee believed they had been treated unfavourably because of a disability. Rather than filing first, we set out the claim in a without prejudice letter to the employer and negotiated. The matter was resolved on agreed terms, recorded in a deed.
Every matter is different. These examples are general and do not indicate the outcome of any other matter.
Talk to Us
If you want to leave on your own terms, or someone has put a deed in front of you, talk to us before you sign anything. Call (08) 9470 2777 or contact us online for a free and confidential initial discussion about your rights.
Read more: Allegations and Negotiated Exits · Senior Executive Dismissals · Executive and Manager Contract Review