How to amicably settle the consequences of dismissal with employer?
You have been unfairly dismissed by your employer and you intend to get compensation. You can attack your dismissal in court, before the industrial tribunal. But if you choose this solution, it will take patience and wait months, sometimes years before leaving. However, another solution may settle the dispute amicably: the transaction.
Firstly, the transaction will only be possible if your employer agrees to resolve the issue amicably. If this is not the case, you will be attacking your dismissal in court. But in the event that there is an agreement, the transaction is a great parade to the summons to court.
It is by no means a breach of contract, but a way to end any dispute arising from the contract. To be valid the transaction will involve mutual concessions between the parties.
Specifically, it will require the employer undertakes to pay a sum of money to an employee who feels aggrieved by his dismissal and the employee undertake not to attack later in court. Other transactions are possible: an employer can commit to deliver to the employee a certificate of employment not mention the misconduct that led to his dismissal.
Such a transaction is irreversible: once entered, can not go back on its commitments. So it is advisable to be careful to keep its commitments. This advice applies to both the employer and the employee. If the employer and employee want not happened this then should consider compromise agreement.