The Notice of Termination of Employment is a crucial document in Australian employment law that formalizes the end of an employment relationship. It is required whenever an employer terminates an employee's employment, whether due to redundancy, performance issues, or other valid reasons. The document must comply with the Fair Work Act 2009 and related legislation, including minimum notice periods specified in the National Employment Standards. It typically includes the termination date, notice period, reason for termination, final payment details, and information about returning company property. The notice must be provided in writing and should be clear and unambiguous to avoid potential legal disputes. This document is particularly important as it provides documentary evidence of compliance with legal requirements and helps protect both employer and employee interests during the termination process.
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1. Employer Details: Full legal name and address of the employing organization
2. Employee Details: Full name and address of the employee being terminated
3. Date: Current date and the effective date of termination
4. Notice of Termination Statement: Clear statement that employment is being terminated and the notice period
5. Reason for Termination: Brief explanation of the grounds for termination (must comply with fair dismissal requirements)
6. Notice Period Details: Specification of notice period length and whether it will be worked or paid in lieu
7. Final Payment Information: Overview of final payment including outstanding wages, leave entitlements, and other payments
8. Return of Company Property: List of company property to be returned and the process for return
9. Signature Block: Space for employer signature and title
1. Redundancy Payment Details: Include when termination is due to redundancy, outlining redundancy pay calculations
2. Performance Issues Summary: Include when termination is performance-related, summarizing previous warnings and improvement processes
3. Post-Employment Restrictions: Reference to existing restraint of trade or confidentiality obligations, if applicable
4. Outplacement Support: Details of any career transition or outplacement support being offered
5. Reference Provision: Information about the type of reference that will be provided
6. Garden Leave Provisions: Include when employee will be placed on garden leave during notice period
1. Final Payment Calculation: Detailed breakdown of all final payments including salary, leave entitlements, and any other payments
2. Company Property Checklist: Itemized list of company property to be returned
3. Employee Benefits Termination Summary: Details of how various employment benefits will be handled post-termination
4. Exit Process Checklist: Step-by-step guide for completing the termination process
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Employee Relations
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Company Secretary
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HR Business Partner
HR Administrator
Recruitment Manager
Employee Relations Specialist
Chief Executive Officer
Managing Director
Department Manager
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