Deeds of Release

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Deeds of release are legal documents which are intended to amicably end the employer-employee relationship for a set amount of money. The agreement usually indicates that there should be no further claim made in relation to the employment and both parties should not disparage one another. 

 

It is common that deeds of release are entered into when both parties have been in courts and tribunals for a period of time and those that are financially better off (such as your former employer) have the clout to keep you out of the court room in return for a sum of money. The plan is that you go away without `exposing' your former employer in a court room or tribunal. 

 

Once you have signed a deed of release, if you choose to report systemic failures by your employer to conform to government legislation (Fair Work Act 2009, Health and Safety Act 2011, Public Governance, Performance and Accountability Act 2013), your employer is likely to `threaten' you and suggest that you have failed to hold up to your end of the bargain when you signed the deed of release. 

 

It is common practice that employers tout the deed of release as the means to silence workers and place a lid on any reporting of wrong doing. There is ample evidence that employers who have a systemic problem with upholding government legislation want you to simply go away and do nothing about changing their ways by learning from their past transgressions.  

 

Work Rights Matter is not a legal entity and therefore, unable to offer you legal cousel or advice. You may choose to look up various resources on deeds of release and/or seek legal advice. Some information you will find useful is listed below:

 

- There is a Commonwealth Ombudsman's Public Interest Disclosure (PID) team which offers whistleblower protections to those reporting maladministration and other fraud.

 

- There are Integrity Commissions in just about every State and Territory where you can report abuse of Commonwealth laws, particularly if these have unfairly targeted  individuals and cost the Australian Taxpayer. 

 

- If you are intending to bring matters to the attention of organizations and agencies that can `investigate' and make changes to the way in which your former employer operates (breaks Commonwealth laws), then you should remember that you are bringing matters forward that are in the public interest and not in your personal interest.  

 

- If your former employer threatens you that the reporting of matters which are in the public interest are covered in the deed of release, it is likely that one of the underlying reasons why your employer sought a deed of release was to silence you in the hope that they could cover up their breaking Commonwealth laws. In other words, your former employer tried to adversely interfere in the administration of justice.

 

To sum up:  If we are to ensure that Commonwealth laws are upheld, Australian taxpayer revenue protected and corruption stopped, then the reporting of wrong doing to the appropriate authorities becomes a crucial element of our civic society.  

 

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