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Executive Separation Agreement Generator for Australia

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Key Requirements PROMPT example:

Executive Separation Agreement

"I need an Executive Separation Agreement for our departing CFO in the mining sector, with specific provisions for ongoing consulting services for 6 months post-departure starting March 2025, and including clauses for handling unvested share options."

Document background
The Executive Separation Agreement is a critical document used in Australian corporate environments when negotiating and documenting the departure of senior executives from an organization. This agreement type is particularly important for managing risk and ensuring smooth transitions in leadership positions. It encompasses various elements including statutory entitlements, additional benefits, post-employment restrictions, and confidentiality obligations, all while ensuring compliance with Australian federal and state legislation. The document is typically used when an executive's employment is terminated by mutual agreement, resignation, or redundancy, and requires careful consideration of corporations law, employment law, and tax implications. The agreement serves to protect both the organization's interests through provisions like non-compete clauses and confidentiality requirements, while also providing clarity and certainty for the departing executive regarding their entitlements and ongoing obligations.
Suggested Sections

1. Parties: Identification of the employer entity and the departing executive

2. Background: Context of the agreement, including employment history and reason for separation

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Termination Date and Final Day: Specific dates for last day of employment and when employment formally ends

5. Separation Payments: Details of all payments to be made, including statutory entitlements, ex-gratia payments, and timing

6. Tax Treatment: Clarification of tax handling for various payment components

7. Continuing Obligations: Ongoing duties including confidentiality, intellectual property, and return of company property

8. Post-Employment Restrictions: Non-compete and non-solicitation provisions

9. Release and Waiver: Mutual releases from claims and liabilities

10. Confidentiality of Agreement: Terms regarding the confidentiality of the separation arrangement

11. References and Announcements: Agreed approach to future references and public/internal communications

12. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and amendments

Optional Sections

1. Garden Leave: Used when the executive will remain employed but not attend work during notice period

2. Equity and Securities: Required when dealing with share options, RSUs, or other equity arrangements

3. Transition Assistance: Include when the executive will assist in transitioning duties to successors

4. Ongoing Directorship Matters: Needed when executive holds director positions in group companies

5. Legal Costs: Include when agreement to pay executive's legal costs in reviewing agreement

6. Outplacement Services: Used when providing career transition support

7. Mutual Non-Disparagement: Optional additional protection against negative statements

8. Ongoing Insurance Coverage: Include when continuing D&O insurance or other coverage

Suggested Schedules

1. Schedule 1 - Separation Payments Calculation: Detailed breakdown of all payment components and calculations

2. Schedule 2 - Company Property: Itemized list of company property to be returned

3. Schedule 3 - Restricted Activities: Detailed description of prohibited post-employment activities

4. Schedule 4 - Resignation Letters: Pro-forma resignation letters from various positions

5. Schedule 5 - Agreed Announcement: Text of internal and external announcements regarding departure

6. Appendix A - Deed of Release: Formal deed of release to be executed with the agreement

7. Appendix B - Certificate of Independent Legal Advice: Confirmation that executive received independent legal advice

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Retail

Mining and Resources

Telecommunications

Energy

Construction

Education

Media and Entertainment

Transportation and Logistics

Relevant Teams

Human Resources

Legal

Company Secretariat

Executive Leadership

Board of Directors

Compliance

Finance

Payroll

Corporate Communications

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Chief Technology Officer

Managing Director

Executive Director

General Manager

Regional Director

Vice President

Head of Department

Senior Executive

Company Secretary

Executive Vice President

Division Head

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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