Improper behaviour 


Examples of improper behaviour under the Code include:


• harassment, bullying, threats, intimidation;


• discrimination and victimisation;


• putting undue pressure on an employee to accept the terms offered, for example:


• not allowing a reasonable time (usually 10 calendar days) to consider the offer and get independent legal advice;


• saying at the start of negotiations that if the settlement proposal is rejected the employee will be dismissed;


• by the employee, for example, threatening to undermine the employer’s reputation.


Improper behaviour does not include a party setting out in a “neutral manner” the reasons behind the proposed settlement agreement, or factually stating what is likely to happen if no settlement is achieved, including the possibility of starting a disciplinary process.