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LawAccess NSW > Representing Yourself > Employment rights > General protections dismissal

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Sample deed of release - Text only

Assistance completing a form icon This is a text only version of a deed of release used after mediation in a general protections dismissal application at the Federal Circuit Court.

This document refers to Fair Work Australia. On 1 January 2013 Fair Work Australia's name was changed to the Fair Work Commission.

You should make sure that your deed of release relates to the circumstances of your case.

For an example of what a deed of release could look like, see Sample deed of release.


Deed of Release

This Settlement Agreement and Deed of Release is made on 18 June 2012.

Between This states in detail who the agreement is between.

Erich Johansson of 12/5 Example Street, Redfern, NSW, 2016 (the Applicant)
and
Steelrod Pty Ltd, ACN 100 999 999 (the Respondent)
(the Parties).

Background
This section includes a brief description of the circumstances of the dispute and why the agreement has been made.

1. The Applicant was employed by the Respondent as a store person from 12 September 2011.

2. The Applicant's employment ceased on 22 March 2012 (the Dismissal).

3. The Applicant made an application to Fair Work Australia (FWA) for FWA to deal with a General Protections Dispute (the FWA Application)

4. The Parties attended conciliation at FWA but no settlement was reached.

5. The Applicant made an application to the Federal Circuit Court for orders in relation to contravention of a general protection (the General Protections Dismissal Claim)

6. Without admission of liability, the Parties have agreed to fully and finally settle all matters arising out of and in connection with the Dismissal and the General Protections Dismissal Claim on the terms of settlement set out in this Settlement Agreement.

Terms of Settlement
This section includes the details of the agreement, including:
- any amounts that have to be paid
- what happens to the case in FWA
- that the agreement remain confidential
- which State or Territory's law will apply if someone breaks the agreement

1. The Applicant has made a claim under the Fair Work Act 2009 alleging dismissal in contravention of a general protection to the Federal Circuit Court.
2. The Respondent denies the allegations.
3. The Applicant and the Respondent agree to fully and finally settle the matter on the following bases:

Payment
This section has the details of any payments of money that have been agreed.

3.1 The Respondent will pay to the Applicant the amount of $6000 gross, taxed as
an employment termination payment, in addition to any other monies previously
paid to the Applicant by the Respondent.

3.2 The dollar amount specified in these terms of settlement will be paid by the Respondent within seven (7) days of the Applicant and the Respondent signing these terms of settlement.

3.3 The dollar amount specified in these terms of settlement will be paid by the Respondent by electronic funds transfer into the Applicant's nominated financial account.

Statement of Service
This section states that the employer will give the employee a statement with details of their employment, and when it has to be given by.

3.4 The Respondent will within seven (7) days of the Applicant and the Respondent signing
these terms of settlement, provide the Applicant with a statement of their service with the
Respondent, outlining the period of service of
the Applicant with the Respondent, the
Applicant's position with the Respondent and
the Applicant's duties for the Respondent.

Release
This section states that both the employer and the employee agree that as a result of this Deed they no longer have a right to sue each other for anything related to the employee's employment, except for certain rights in law and rights to unpaid wages and entitlements. For example, the employee can't sign this and then sue the employer for unfair dismissal.

3.5 On the Respondent complying with clauses
3.1 to 3.4 above, the Applicant releases and forever discharges and releases the Respondent, its directors, employees, assignees or successors from any liability past, present or future from all claims, suits, demands, actions or proceedings arising out of or connected with the Applicant's employment with the Respondent, including but not limited to the cessation of the employment.

3.5.1 The release in subclause 3.5 does not prevent the Applicant from directly or indirectly pursuing claims, suits, demands, actions or proceedings in relation to the payment of wages and/or entitlements arising under statute, an industrial instrument or common law.

3.6 The Respondent releases and forever discharges and releases the Applicant from any liability past, present or future from all claims, suits, demands, actions or proceedings arising out of or connected with the Applicant's employment with the Respondent, including but not limited to the cessation of the employment.

3.7 Nothing in these terms of settlement affects any claims, suits, demands, actions or proceedings the Applicant has or may have under statute, an industrial instrument, or common law for a work-related injury, illness, disease or death, or under
superannuation legislation.

Notice of Discontinuance
This section states that the employee has to file a document with the Federal Circuit Court that stops the case, but only after the employer has done the things they are required to do in the Deed.

3.8 On receipt by the Applicant of the payment referred to at 3.1, the Statement of Service referred to at 3.4, and the signing and exchange of this Deed of Release, the Applicant will, within seven (7) days, file a Notice of Discontinuance at the Federal Circuit Court, and serve a sealed copy on the Respondent within seven (7) days of the date of filing.

Costs
This section explains who will pay each party's legal costs.

3.9 Each party must pay its own legal costs of and incidental to
the FWA Application and General Protections Dismissal Claim.

Confidentiality
This section explains that the agreement is to remain confidential. Neither party can disclose what was agreed to anyone else, except to their lawyer or financial advisor, or if required by law.

3.10 The Applicant and the Respondent will keep the provisions
of these terms of settlement confidential, provided that the
Applicant and the Respondent may disclose the provisions
to their legal or financial advisers or any other person that by law must be informed of the provisions.

Non Disparagement
This section states that the employer and employee can't say bad things about the other.

3.11 Neither the Applicant nor the Respondent will disparage or
denigrate the other

Counterparts
This section simply states that each party can sign a separate, but identical, copy of the agreement. Once both are signed they can be exchanged and the day they are exchanged is the date the agreement is made.

3.12 These Terms of Settlement may be executed in counterparts,
meaning that the execution will be complete when each party
holds a copy of this Terms of Settlement signed by the other
party, even though the signatures of both parties do not appear on the same copy.

Governing Law
This section states which State or Territory (jurisdiction) a claim can be made in if the agreement is breached.

3.13 This Agreement is governed by the laws of New South
Wales and each party agrees to submit to the jurisdiction
of the Courts of New South Wales.

The section below is where the parties sign the agreement. If a party is an individual, their signature has to be witnessed, and the witness must include their name and address. If a party is a company (corporation) directors and/or a company secretary can sign on behalf of the company, and their signatures don't always have to be witnessed.

Signed, sealed and delivered by

Erich Johansson
_____________________________
Erich Johansson

in the presence of

Mario Patelli
_____________________________
Mario Patelli

Witness Name: Mario Patelli

Witness Address: 345 Pitt Street Eastville NSW

and

Executed as a deed by Steelrod Pty Ltd under section 127(1) of the Corporations Act 2001 (Cth) by being signed by Rod Steel who is its sole director and sole company secretary.

Rod Steel
_____________________________
Rod Steel