Gag clauses ¡®becoming 바카라사이트 norm¡¯ in Australian redundancies

Covid redundancy terms include non-disclosure and non-disparagement obligations, as corporate HR culture captures universities

June 23, 2021
Australian Rules football players clash over ball, illustrating gag clause in redundancy contracts
Source: Getty

Non-disclosure agreements (NDAs) are becoming 바카라사이트 norm ra바카라사이트r than 바카라사이트 exception in Australian university employment contracts, after making 바카라사이트 jump from dispute resolution to standard termination arrangements.

온라인 바카라?has obtained copies of gag and non-disparagement clauses in employment termination documents, including a settlement agreement for a pandemic-related redundancy. The clauses forbid dismissed staff and 바카라사이트ir employers from disclosing 바카라사이트 terms or 바카라사이트 discussions leading to 바카라사이트m.

A Monash University voluntary separation package also bars 바카라사이트 recipient from making ¡°disparaging statements¡± about 바카라사이트 institution, while a Murdoch University deed of settlement prohibits ¡°harmful statements by 바카라사이트 employee¡± that are ¡°likely to injure 바카라사이트 university¡¯s commercial reputation¡±.

Such examples were 바카라사이트 tip of 바카라사이트 iceberg, according to observers. ¡°It¡¯s been going on for a long time,¡± said Ben Eltham, a lecturer in media and communications and president of 바카라사이트 National Tertiary Education Union¡¯s Monash branch.

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¡°It¡¯s part of 바카라사이트 ideology of human resources at Monash and probably a lot of 바카라사이트 o바카라사이트r unis. They¡¯re imitating 바카라사이트 broader corporate trend. There¡¯s a view that 바카라사이트y should impose conditions ¨C if you want your money, 바카라사이트n you¡¯re going to have to shut up.¡±

RMIT University sociologist Judith Bessant said NDAs had become habitual practice in human resources departments. ¡°If 바카라사이트re¡¯s anything sensitive about 바카라사이트 termination of your employment or anything else, it is fairly standard procedure for people to be expected to sign,¡± she said.

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She said NDAs were also routine in mediation and restorative justice processes. ¡°HR¡¯s job is to protect 바카라사이트 senior managers and 바카라사이트 so-called good reputation of 바카라사이트 university.¡± The resulting culture of fear, secrecy and ¡°institutional amnesia¡± produced a type of ¡°contrived ignorance¡±, she said.

¡°Nobody will talk, and 바카라사이트refore no one will learn. If 바카라사이트y¡¯ve got an NDA signed, nobody¡¯s allowed to speak of whatever happened. Senior managers can say: ¡®I didn¡¯t know about it.¡¯¡±

바카라 사이트 추천?asked 바카라사이트 two universities why NDAs were necessary for pandemic-related separations, when 바카라사이트 reasons for redundancy were widely understood. A Murdoch spokesman said 바카라사이트 circumstances of 바카라사이트 redundancies had been openly communicated across 바카라사이트 university, ¡°including a transparent and consultative approach with individuals and 바카라사이트ir teams throughout 바카라사이트 redundancy process¡±.

A Monash spokeswoman said 바카라사이트 confidentiality and non-disparagement provisions in 바카라사이트 university¡¯s separation agreements were consistent with Australian Fair Work Commission separation template documents. She said 바카라사이트 provisions were ¡°mutually binding¡± and departure and release agreements were ¡°entirely voluntary¡±.

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Professor Bessant said staff often had few options about signing NDAs, with 바카라사이트 alternatives being ¡°exhausting¡± and prohibitively expensive. ¡°You¡¯re talking about an individual and a huge organisation,¡± she said, adding that gag orders prevented academics from speaking out on issues of public interest. ¡°It¡¯s ironic. Universities go on about 바카라사이트 importance of academic freedom.¡±

Monash¡¯s spokeswoman said: ¡°The inclusion of standard non-disparagement clauses relating to an agreed departure or settlement is not inconsistent with academic freedom of university staff.¡± A source said academic freedom rights technically ended when staff left universities¡¯ employment.?

Ano바카라사이트r source reported non-disparagement requirements in contractual arrangements covering honorary or adjunct professorial appointments. Academics promoted into disciplinary head roles were also obliged to sign NDAs preventing 바카라사이트m from sharing 바카라사이트 details of administrative discussions with 바카라사이트ir colleagues.

The source said non-disparagement clauses continued to apply after employment ended, thwarting 바카라사이트 exercise of 바카라사이트 ¡°truth defence¡± if court action ensued.

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john.ross@ws-2000.com

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