Q&As

How should a settlement agreement cover the situation where action or compliance is required on the part of the employee's spouse or partner, or dependants, as well as the employee, eg confirmation that they will vacate a property occupied under a service tenancy?

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Published on LexisPSL on 07/11/2018

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • How should a settlement agreement cover the situation where action or compliance is required on the part of the employee's spouse or partner, or dependants, as well as the employee, eg confirmation that they will vacate a property occupied under a service tenancy?

How should a settlement agreement cover the situation where action or compliance is required on the part of the employee's spouse or partner, or dependants, as well as the employee, eg confirmation that they will vacate a property occupied under a service tenancy?

There are a number of conditions that must be met in order for a settlement agreement to provide an effective exception to the contracting out provisions and have the effect of settling statutory claims:

  1. the agreement must be in writing

  2. it must relate to the particular proceedings

  3. the employee or worker must have received advice from a relevant independent adviser as to the terms and effect of the proposed agreement and, in particular, as

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