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Approaching the question of settlement in employment disputes may appear straightforward but often gives rise to some tricky questions, such as: ‘What is a good offer’; ‘when and how should this be assessed’; and ‘how should settlement be approached’. This practitioner text offers strategies to approach these questions in a tactical and well thought-out manner.
Add to this the complexity of employment relationships and the contractual, procedural and regulatory requirements involved throughout the process and this seemingly uncomplicated matter becomes anything but.
This book tackles some of the issues arising on termination; the process of negotiation, (including a detailed look at the without prejudice rule and protected conversations) as well as the regulatory implications and procedural issues relating to settlements.
For the first time, practitioners are given a complete guide to the topic, which is structured in a logical and easy to follow format. The book considers the entire process from beginning to end, with each chapter comprehensively dealing with one of the progressive steps in the settlement thought process.
The aim is to arm readers with practical tools, tactics and professional tips to deal with any employment-related dispute. Finally, the book provides a suite of precedents that can be tailored to suit the individual needs of the relationship.