Prepare before a settlement conversation
Organise your numbers and priorities before you negotiate.
Why preparation matters here
A settlement conversation moves faster than most people expect, so walking in with your numbers and priorities already organised puts you in a stronger position.
Statutory back wages at the Industrial Court are generally capped at twenty four months for a confirmed employee and twelve months for a probationer, which is a useful reference point even outside court.1
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 role, such as allowances, bonuses or medical coverage, since these can matter in a discussion.
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Rank your top three priorities in order, choosing from money, a neutral or positive reference, confidentiality, or simply a fast resolution.
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Write down any offer already made to you, in full, including the date and how it was delivered.
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List the questions you want answered before agreeing to anything, such as what you are giving up by signing.
What to do with your result
Keep this worksheet as one page, and 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 any offer make more sense to you, and try the compensation estimator for an educational range based on your figures.
How a lawyer helps from here
A lawyer reads your worksheet against your employer’s offer and tells you whether it reflects your position fairly. They can also negotiate on your behalf and explain what you would be giving up, such as the right to pursue reinstatement, before you sign anything.
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.
Keep reading
Once your worksheet is filled in, a short message lets a lawyer walk through it with you before any negotiation starts.