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Thread: Section 111A

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  1. #1
    Okmate's Avatar

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    Default Section 111A

    Hi Guys

    Could you tell me if an employer can withdraw a section 111A agreement once its been signed?

  2. #2
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    Default Re: Section 111A

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  3. #3
    Ula's Avatar

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    Default Re: Section 111A

    Has the 111A (Settlement Agreement) been signed by both parties and if so I presume that you also has an Independent Advisor's Certificate signed having taken independent legal advice?

    If so they the document is legally binding on both parties and there is normally a clause to this effect towards the end of the document.

    Has the employer given any reason?
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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  4. #4
    Okmate's Avatar

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    Default Re: Section 111A

    Quote Originally Posted by Ula View Post
    Has the 111A (Settlement Agreement) been signed by both parties and if so I presume that you also has an Independent Advisor's Certificate signed having taken independent legal advice?

    If so they the document is legally binding on both parties and there is normally a clause to this effect towards the end of the document.

    Has the employer given any reason?
    Thank you I'm awaiting to receive the document i just wanted to make sure, I have also seeked advise from a solicitor to make sure it is all above board

  5. #5
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    Default Re: Section 111A

    Sorry I thought the document had been signed and the employer was now trying to withdraw it.

    Just check that towards the end there is a clause or somewhere a clause it contain a phrase like "Upon signature, the agreement will be binding on the parties".

    Also your employer should pay reasonable costs for you to have independent legal advice and the value of this is usually stated in the agreement.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

  6. #6
    Okmate's Avatar

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    Default Re: Section 111A

    Quote Originally Posted by Ula View Post
    Sorry I thought the document had been signed and the employer was now trying to withdraw it.

    Just check that towards the end there is a clause or somewhere a clause it contain a phrase like "Upon signature, the agreement will be binding on the parties".

    Also your employer should pay reasonable costs for you to have independent legal advice and the value of this is usually stated in the agreement.
    Thankyou ula,

    Given the reason i was suspended in the first instance and understanding who i work for they would rather find the broken taillight rather than pay out the settlement agreement, lets hope all gets sorted

  7. #7
    Ula's Avatar

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    Default Re: Section 111A

    Once you are in receipt of the document then your independent legal adviser should be able to assist you with ensuring that the settlement agreement is all in order and if there is anything not correct then they will deal with your employer directly.

    Hope is all get sorted but here if you need any further help.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

  8. #8
    Okmate's Avatar

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    Default Re: Section 111A

    Quote Originally Posted by Ula View Post
    Once you are in receipt of the document then your independent legal adviser should be able to assist you with ensuring that the settlement agreement is all in order and if there is anything not correct then they will deal with your employer directly.

    Hope is all get sorted but here if you need any further help.
    Thanks Ula really appreciate your advise,

  9. #9
    Okmate's Avatar

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    Default Re: Section 111A

    Been thinking a lot about this over the last few days,

    Could someone advise me if work need to contact me how should they do this? through post email Te ETC, what is classed as the correct way to communicate.

  10. #10
    Ula's Avatar

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    Default Re: Section 111A

    From what I understand you are still employed just waiting a draft of the settlement agreement. I would say that everything needs to be done in writing and email or hand delivery of correspondence to you at work is fine.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

  11. #11
    Okmate's Avatar

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    Default Re: Section 111A

    Hi Guys if both party's have signed, and the termination date is reached and all that's left is the money transfer, what would happen if they never made payment or there was a dispute.

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