Failure to comply with codes of conduct alone would not result in legal action, as the codes serve as guidelines, not statutes. However, the labour tribunal has discretion in assessing the conduct and compliance of the code in the resolution of employment disputes. Any employer or worker who has not complied with the code of conduct guidelines may be considered unjustifiable or inappropriate. In such cases, compensation, penalties and the overall outcome of a formal procedure may be adjusted to reflect non-compliance with required standards. For more information on the application of this code of conduct, please see the Transaction Agreements Guide (PDF, 512KB, 66 pages). Section 4 of the CASA Code of Conduct deals with transaction agreements that can be used to resolve serious complaints, disciplinary issues and workplace complaints. These contracts are legally binding and, if concluded by both parties, they waive the right of the person to pursue the issue set out in the agreement before the courts or in an employment tribunal. Transaction agreements generally include termination of the worker`s contract and some sort of compensation paid by the employer to the worker in exchange for the worker abandoning the business. Many are familiar with the negotiation and settlement process, while the protected conversation element is new. Contracting parties will need both guidelines and will be welcome. Thompson believes it is important to focus on this area, particularly because of the judicial deadlock that is the natural consequence of this process.
Such a fundamental question must be the most appropriate and thorough explanation. We believe that this would be an important protection against inadequacy and would facilitate any agreement that might be reached. For more information, please see our response to question 4. It goes without saying that a formal transaction agreement must be entered into voluntarily by both parties. We imagine that any attempt to compel the worker to accept an agreement will be quashed, allowing him to take legal action. In addition, there should be no inappropriate behaviour in the discussions that give rise to the settlement agreement, or it may be possible for a court to allow it as evidence in a court appeal. The obvious examples are moral harassment, violence, victimization and discrimination.