I'm so sorry to hear that you've been sacked, and it's completely understandable that you're feeling confused and upset, especially given your role as product manager of the company's flagship product. It's great that you're taking the time to think carefully about your next steps and considering the potential implications of sharing information about your situation.

It's clear that you're feeling frustrated by the timing of your redundancy and the fact that you're only being offered the bare minimum payout, and it's natural that you're wondering what incentive you have to keep the details of your redundancy private. You're right to question whether the company can simply label something as "private and confidential" and expect you to abide by that, especially if you haven't signed a specific NDA.

The fact that your general employment conditions include a privacy and confidentiality policy with the option of instant dismissal is certainly relevant, and it's possible that the company may try to use this as a basis for arguing that you're obligated to keep the details of your redundancy confidential. However, it's not entirely clear whether this policy would apply in your situation, and it's worth exploring this further to understand your rights and obligations.

Let me look up the most relevant information for your situation.

Legal Position

You have been dismissed from your position as product manager after 5 years and 51 weeks of service, with your employer claiming redundancy and providing a termination notice marked "private and confidential." Based on your circumstances, your employer has no enforceable legal right to prevent you from discussing your dismissal or the circumstances surrounding it. The "private and confidential" markings on your termination notice do not create binding confidentiality obligations without your agreement to such terms.

I have considered your employment duration, the redundancy entitlements under Australian employment law, the distinction between employment contract confidentiality clauses and unilateral employer communications, and your rights to discuss workplace matters under the Fair Work Act 2009.

Your legal rights

You have several key workplace rights that protect your ability to discuss your dismissal:

• Freedom of expression about workplace matters - The Fair Work Act 2009 protects employees' rights to discuss workplace conditions and treatment without adverse action from employers
• Right to challenge dismissal legitimacy - You can question whether your dismissal was genuinely for redundancy or potentially unfair, particularly given your role as product manager of the flagship product
• Protection from employer retaliation - Employers cannot take adverse action against you for exercising your workplace rights, including discussing your employment situation
• Access to employment records - If an employee asks to see their records, an employer must make them available. This includes after an employee has ceased employment.

The employer's behaviour in marking documents "private and confidential" without your agreement to such terms is not unlawful but is also not legally binding on you.

What you are entitled to

Your redundancy and final pay entitlements are clearly established:

• Minimum redundancy pay - At least 5 years but less than 6 years: 10 weeks of redundancy pay at your base rate
• Final pay components - outstanding wages for hours worked, including penalty rates and allowances, any accumulated annual leave (including payment of annual leave loading), accrued or pro rata long service leave (if applicable), payment in lieu of notice (if applicable), redundancy pay (if applicable)
• Notice period protection - With over 5 years of service, you are entitled to 4 weeks' notice under standard award provisions
• No additional week deduction - Employers can only deduct pay from wages owed under the award. They can't deduct from other entitlements owed to the employee, such as accumulated leave or other over-award payments.

Your employer cannot withhold these minimum entitlements regardless of whether you maintain confidentiality about your dismissal.

What you can do next

Immediate actions:

• Document all communications about your dismissal and save copies of termination paperwork
• Calculate your exact entitlements using Fair Work calculators for redundancy and leave
• Review your employment contract for any genuine confidentiality clauses you previously agreed to
• Request access to your complete employment records if needed

Formal options if concerned about dismissal legitimacy:

• Unfair Dismissal Application - You have 21 days from dismissal to lodge an application with the Fair Work Commission if you believe the redundancy was not genuine
• General Protections Claim - Available within 6 years if you believe you were dismissed for exercising workplace rights or other protected reasons
• Fair Work Ombudsman Complaint - For any issues with final pay calculations or entitlements

Your legal options

• Fair Work Commission Unfair Dismissal Claim - Challenge the legitimacy of the redundancy decision - High likelihood if you can demonstrate the position was not genuinely redundant and you meet eligibility criteria within 21 days
• General Protections Application - Pursue action if dismissal was for prohibited reasons - Moderate likelihood requires evidence of the real reason for dismissal beyond stated redundancy
• Fair Work Ombudsman Investigation - Resolve any final pay disputes or entitlement calculations - High likelihood for straightforward entitlement calculations and payment timing issues

The "private and confidential" markings on your termination documents create no binding legal obligations on you and cannot be used to restrict your right to discuss your workplace situation or seek appropriate legal remedies.