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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44178
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I received a letter from my ex-employers lawyer. The demands

Customer Question

I received a letter from my ex-employers lawyer. The demands in it relate to a deed of release that I did not sign nor return to them. I am looking for a template to respond, can you assist.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
I was employed as a General Manager and subsequently retrenched after 5 years.
I received a Deed of Release dated 27.07.2015 which I received the following day.
I did not sign this document and return it.
On 17.09.2015 I received a letter from my ex-employers lawyer stating that I am in clear breach of of this document.
Amongst these claims the lawyer is also requesting the return of my work diary stating that this was purchased by my ex-employer. This diary was not purchased by them, it was gifted by a supplier for any employee to use for whatever purpose. This was custom and practice and no directive was given by the Director that it was to be used for work purposes only.
There are a number of statements throughout this letter seeking an undertaking from me 'in writing' to cease specific actions (all of which I strongly deny) or they may proceed with court proceedings.
I am seeking assistance in responding to this letter.
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If you have not signed it then you are not bound.

You should advise them that you did not sign any deed of release and if they are relying on anything to provide you a copy of what they are relying on.

The diary is an issue. They can argue the appointments etc are created during the employment and they own it.

It may be a gift to you but using it for your work and having details of meetings etc they can legitimately argue it is their property.

You have nothing to worry about if you did not sign any agreement.

Have you asked them for a copy