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Signing acceptance of redundancy offer – include All Rights Reserved?
I am going to accept a redundancy package and one of the conditions of this package is to repay any monies if any oversight is found to have been made in the calculation of the redundancy payment.
I have asked for my employer to provide the calculations in full for the redundancy payment so that I can verify the calculations for myself but the Payroll department are refusing to do so replying with “<i style=”font-family: inherit; font-size: inherit; color: var(–bb-body-text-color);”>the information requested cannot be provided due to the sensitivity of
the information requested<i style=”background-color: var(–bb-content-background-color); font-family: inherit; font-size: inherit; color: var(–bb-body-text-color);”> and the complexity of the
formulas and calculations involved …“. Note, they are happy
to meet with me to discuss the calculations which I am doing but they still
won’t provide the calculations in full.When I sign the redundancy offer, if I write “All rights reserved” underneath my signature, would this protect me from any liability in the event of any overpayment being made due to an oversight on their behalf?
Could I also write a short note/statement that would protect me from being liable for any overpayment later on? If yes, what could I write?
If I don’t accept the redundancy offer by a certain date, then at the time they terminate my employment, the redundancy payment will be reduced by 25%.
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7 Replies
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If the all rights reserved is your usual signature then yes by all means use it. I’m not sure what it would protect you from in terms of redundancy payments. If no one here is able to help perhaps you could ask Mark at the next Q and A?
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Thanks M-J.
Unfortunately it would be too late to ask Mark at next month’s Q&A session.
My issue is that I want to avoid having to repay any monies in the event that later on after my employment had ended, there was found to be an oversight made by the Payroll dept where they would demand that I repay the overpaid amount which is a condition/term of the redundancy payment offer.
If there is not full disclosure of how the redundancy payment is calculated when I asked for this information, then will signing my name with “All Rights Reserved” protect me from any liability owing? Or would adding a note indicating that I had requested this information and they failed to provide it protect me from any liability in the event there was an overpayment.
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Here’s something I just found in my notes that could be helpful in your situation “
If you are dealing with the public particularly where it is contractual in nature and
the terms and conditions are all in their favour and against you that’s the time to use
all rights reserved and by accommodation. Such as going into a contract like a
license or passport, Social Security, bail applications anything like that that might
have terms and conditions you don’t like or they are oppressive. You want to even
alter the terms and conditions where you can eg on a contract the school wants you
to sign on behalf of your offspring. You don’t need to do it with family and friends or a contract
you agree with and are happy with and know it won’t be used against you.
All rights reserved means:
“I reserve my right not to be compelled to perform under any contract, commercial
agreement or bankruptcy that I did not enter knowingly , voluntarily , and
intentionally . And furthermore, I do not and will not accept the liability of the
compelled benefit of any unrevealed contract or commercial agreement or
bankruptcy.”
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VSP Calculations Issue
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Thanks M-J for your two very detailed replies. It is much appreciated. I will further clarify my employment situation.
My employer is govt. I either accept the terms of the redundancy offer or reject it. They are not going to alter the terms of the redundancy offer just for my benefit. It is a standard redundancy package where they won’t vary the terms for any employee who has been offered one. However, as I previously wrote, if I reject the current offer, then when my employment is terminated next month, I will still receive a redundancy payment, but it would be reduced by 25%. So, it is in my best interests to accept the current offer. I just don’t agree to the non-full disclosure. I am going to have a meeting with payroll department to address my concerns about the redundancy payment calculations so hopefully that will put my mind at rest. Also, if I accept the redundancy offer, I have the understanding that an audit will be done of the calculations before any payment is finalised and made.
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That means the contract is being agreed to under duress and therefore any terms imposed on you can be classed as void. If you write three dots before your signature that is the international sign of distress and you will have proof you signed under duress.
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Every contract is negotiable isn’t it? Therefore isn’t a redundancy package/contract negotiable? One suggestion, ask to take the contract home to check it over (record all interactions) Under equity they must do this and if they refuse you have evidence (on your recording) This is not equitable (to not allow you to take it home and have a lawyer or other professional look it over) and they are in dishonour by their refusal and you can use that evidence in future to protect yourself from liability as their dishonour would void the contract. If they give it to you to take home and look over then gently/lightly cross out the terms you don’t like from bottom left to top right and initial them and then sign at the end of the contract where they will have a space for your signature and return it to them after making sure you have a certified copy (JP will do this for you if you take in the original to the jp)
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Thanks M-J. See my reply above. I agree with what you have written.
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