Employment termination agreement, severance agreement, compromise agreement, waiver agreement, settlement agreement. It has many names but it amounts to the same thing. The employment is being terminated and the employee is being asked to sign some type of agreement and enter into another contract with the employer. I see a lot of these agreements on … Read more
The use of a settlement or compromise agreement in the termination of an employee’s employment is something I deal with frequently. There is a wide range of reasons why the employment is being ceased, ranging from redundancy to difficulties in the employment relationship to allegations of misconduct to allegations of bullying, discrimination, harassment, and so … Read more
*Sigh* Yes, I admit it. It’s trite and glib and a cliché to say that “timing is everything”. You’ve heard it before, and from all types of people, in a variety of circumstances. But it’s true. Because the veracity of the statement was never clearer to me than when 3 employees came to me for … Read more
There is an exemption from income tax in respect of certain awards for the breach of an employee’s rights. This would cover an award for a successful claim by an employee under the heading of, for example discrimination or harassment. However, the exemption does not apply to awards in respect of remuneration, for example an … Read more
I nearly threw up my porridge when I read of this case. Joan Healy and Michael Healy against Bia Ganbreise Teoranta (full decision here). This case involved the effectiveness of a settlement agreement to prevent future claims arising from the employment. This is a common type of agreement used to settle many employment related disputes. … Read more