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What do you do if the former employer breaches the release…

Customer Question
What do you do...

What do you do if the former employer breaches the release agreement?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Queensland

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It was a release agreement on ending employment

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a claim at the AAT at present and they are expecting me to answer some questions that were posed while I was on sick leave before retiring, the union said they can't go there and are breaching the agreement.

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
9/18/2017
Solicitor: Leon, Solicitor replied 8 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,505
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 8 months ago

Good Morning

How have they breached the Release Agreement?

The AAT application is it related to the release?

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Customer reply replied 8 months ago
Sorry for the delay. It's a ComCare claim that's at the AAT. The agreement released me from any matters pertaining to my employment and leaving. They had sent questions 6 months into my sick leave for depression and my psychologist said I was too unwell to answer, my union said they were just using any trumped up means of getting me to leave. After this they cam back with the Release agreeement to which we agreed. They are now trying to present these questions again as part of the tribunal. Isn't this a breach on their behalf, given the agreement released me from any dealing leading up to the retirement?
Solicitor: Leon, Solicitor replied 8 months ago

Good Afternoon

Did you both sign the release and what did it release you from?

Can you email me the release so I can have a look at it.

***@******.***
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Customer reply replied 8 months ago
Will emailing you a copy be a breach on my behalf? I can email you the paragraphs I'm talking about and take out the names if that helps
Solicitor: Leon, Solicitor replied 8 months ago

Good Evening

When I get it I will contact you.

I may take 24 hour. Email what you think I should see.

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Customer reply replied 8 months ago
Hello,Sorry, I wish to be careful and not breach my agreement, so I have put x for my name and the company name.Accordingly, Ms Xxx will receive a Certificate of Emptoyment.
5. ln consideration of the Payment, Ms xxxx reteases and forever discharges xxx, its officers, employees and directors from atl ctaims retating to the Emptoyment, the Cessation of Emptoyment, the Resignation and the events leading up to the Resignation, except for any ctaim pursuant to the relevant workers' compensation legistation, the Superannuation Guarantee (Administration) Act tggz (Cthl or to enforce the terms of this Agreement.6. Xxx releases and forever discharges Ms xxx from all claims retating to the Employment and the Cessation of Employment, except for any claim to enforce
any post-employment obtigations in her emptoyment contract or any ctaim which arises should it be discovered that Ms xxx has engaged in fraud or any other criminaI activity.I have been over this with my current law firm and their answer was that because the question was asked, it has to be answered, I phoned the Union Rep I dealt with and she (used to be a commercial lawyer), said they should be telling them to get stuffed or worded similarly. We went for the agreement, as their bullying and harassment continued while I was on leave. We have 3 IME's 2 that were arranged by my previous employer and 1 by my lawyers that all support my version. Plus medical notes from my doctor dating back 1 year before I went on leave, stating I was stressed and the hours I was working. This agreement was suppose to stop this and prevent them trying to rely on trumped up allegations. They are going the angle that it was administration action that caused my depression. The allegations they are wanting answered I think I previously stated were sent to my psychologist 6 months into my sick leave and he refused to allow this to be answered. This action now, has set me back hugely again. I am currently receiving Salary Continuance through my Super as I'm still unable to work and on monthly visits to my psychologist and medication. My leave commenced in March 2015. The Company I worked for is a self insurer under the ComCare scheme, so you will know they are a big corporation. One of my Area Managers was last year dismissed in another Area from where I worked for bullying and doing exactly what she has tried with me, but this is also not being considered. I just really need to know my rights as I don't think my lawyer is pushing hard enough. I understand that the other side obviously want to do everything they can to prove it was administration, but to me they gave that right away with this agreement and this was the advice I was given before signing it by the Union and also I never wanted to return to a toxic work place. Also, if they don't like my answers to these questions, which if I have to answer, will only be basic, as I have problems now with names etc, and have no access obviously to back up my answers ( I actually have no concerns that I did anything wrong), but given the bullying I received I have no faith that the answers would be treated fairly and if they were not what repercussions could there be to me even though I'm not longer an employee. I will acknowledge that it is obvious that their actions caused stress, but it commenced years before I went on leave. Any help or advice is appreciated.
Solicitor: Leon, Solicitor replied 8 months ago

Good Evening

The clauses only relate to the right about suing each other. You both give up your rights.

Have you left your employment?

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