STORY 83
I have been asked to sign a non disclosure agreement as a result of court action I initiated regarding workplace abuse that resulted in me having to leave employment to ensure my physical and emotional safety. As well as workplace abuse, including assault, I was also financially exploited with several breaches of the relevant award. The process of negotiating the NDA has been extremely difficult and after 5 months is still not yet concluded.
I was expecting a simple confidentiality and non disparagement agreement as had been discussed in the mediation process. The first draft of the settlement was a real shock to me. I experienced the draft deed as extension of the coercive control and abuse I had experienced in the workplace. It was long, complicated and contained severe restrictions on my life. For example it included a clause saying that I was to have no contact in any form with anyone I had worked with during the whole time of my employment. Several of my colleagues had become my friends and some I worked with I knew prior to employment with this employer.
It was unacceptable to me that my previous employer could prevent me from continuing friendships with past colleagues. There was also a clause saying that I agreed to consent to an injunction in the court if they alleged a breach - this felt very intimidating as my past experience with this employer was that they were highly reactive and controlling.
I was very fearful that I could be dragged in to court over any perceived inference of anything. This was particularly concerning for me as I wanted to work in the area of law reform and advocacy surrounding the type of abuse I had experienced. I felt that it was important for my healing from the effects of the abuse that I turn the very negative experience into something good and helpful for others. The whole deed read as if the perpetrator of the abuse was the victim who needed protecting from me. Their lawyer was making allegations that I was out to destroy them and their company. Rather than feeling like the matter was finally completed and over it felt as if this deed would allow the perpetrator of the abuse to continue to have control over my life, for the rest of my life. The whole process of negotiating this deed has been highly stressful with threats of withdrawing the settlement offer, lowering the amount agreed for settlement if I do not agree to terms, which I believe are breaches of my basic human rights such as right of association and the right to do work of my own choosing. I suffer from PTSD as a result of the abuse I experienced in that workplace and the continued stress of this process exasperates my symptoms. I am in a position where I do not know whether I will receive the settlement agreed in principle in the mediation or will be paying more than I can bear in legal fees proceeding to court.
This lack of financial certainty is impacting my life decisions. The ongoing legal fees of negotiating this deed are crippling and adding to the pressure I am experiencing.
