Prepare before a settlement conversation
Put your figures and priorities on one page before you answer a settlement offer.
Why preparation matters here
A settlement conversation often moves faster than workers expect. Going in with your numbers and priorities already written down keeps you steady.
Back wages at the Industrial Court are generally capped at twenty four months for a confirmed employee and twelve months for a probationer.1 That is a useful reference point even outside court.
Fill in your worksheet in this order
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Write your last drawn monthly salary and your total length of service with the employer.
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Note whether you were a confirmed employee or still on probation at the time of dismissal.
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List every benefit tied to your job, such as allowances, bonuses or medical coverage. These can matter in the discussion.
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Rank your top three priorities: money, a neutral or positive reference, confidentiality, or a quick ending.
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Write down any offer already made, in full, with the date and how it reached you.
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List the questions you want answered before agreeing, such as what you give up by signing.
What to do with your result
Keep this worksheet to one page. Do not sign anything from your employer until a lawyer has seen both your worksheet and their offer.
Read about back wages and compensation so the numbers in an offer make sense. The compensation estimator shows an educational range from your own figures.
How a lawyer helps from here
A lawyer reads your worksheet against your employer’s offer and tells you whether the offer is fair to you. They can also negotiate for you and explain what you give up by signing, such as the right to pursue reinstatement.
If you want that, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the offer and your dates. An independent lawyer may review the facts and replies about whether and how they can act.
Common questions
Should I decide on a number before speaking to a lawyer?
It helps to know your own priorities first, but let a lawyer guide the actual figure. They can explain how amounts are usually assessed and where your case might sit, which you cannot judge accurately alone.
What if references matter more to me than money?
Write that down clearly on your worksheet. Priorities differ by person, and a lawyer negotiates differently depending on whether money, a reference, confidentiality or a quick resolution matters most to you.
Sources
- Back wages at the Industrial Court are generally capped at twenty four months pay for a confirmed employee and twelve months for a probationer under the Second Schedule of the Industrial Relations Act 1967. Donovan & Ho
Keep reading
Once your worksheet is filled in, an independent lawyer can review the offer against it and negotiate for you if it is worth countering.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.