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Separation And Severance Agreement Template for Australia

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Key Requirements PROMPT example:

Separation And Severance Agreement

"I need a Separation and Severance Agreement for a senior technology executive leaving due to redundancy, with specific focus on protecting our intellectual property and including provisions for equity compensation, with the termination date set for March 15, 2025."

Document background
The Separation and Severance Agreement is a crucial document used in Australian employment law contexts when formalizing the termination of employment relationships. It is typically implemented when an employee and employer agree to part ways, whether through mutual agreement, redundancy, or other circumstances requiring a formal separation. The document serves multiple purposes: it outlines the financial terms of the separation, including severance payments and statutory entitlements; provides legal protection for both parties through mutual releases; ensures compliance with Australian employment laws and regulations; and establishes clear post-employment obligations. This agreement is particularly important in situations involving senior executives, sensitive departures, or when significant severance packages are involved, as it helps prevent future disputes and provides certainty for all parties involved.
Suggested Sections

1. Parties: Identifies and defines the employer and employee parties to the agreement

2. Background: Outlines the context of the employment relationship, including start date, position, and reason for separation

3. Definitions: Defines key terms used throughout the agreement

4. Termination Date: Specifies the official end date of employment and final working day

5. Separation Payments: Details the severance package, including amounts, timing, and method of payment

6. Statutory Entitlements: Lists all statutory entitlements including annual leave, long service leave, and notice period payments

7. Tax Treatment: Explains the tax treatment of various payment components

8. Return of Company Property: Lists requirements and timeline for returning company assets and property

9. Confidentiality Obligations: Details ongoing confidentiality obligations regarding company information

10. Mutual Release: Contains mutual releases of claims between parties

11. Non-Disparagement: Mutual agreements regarding non-disparagement

12. Continuing Obligations: Specifies which employment agreement obligations survive termination

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

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Restrictive Covenants: Non-compete and non-solicitation provisions, used when protecting business interests is crucial

2. Reference and Announcements: Terms regarding employment references and public/internal announcements, used when parties agree on specific communication approaches

3. Outplacement Services: Details of any career transition support, used when this forms part of the settlement

4. Share Options/Awards: Treatment of existing equity compensation, used when employee has share-based compensation

5. Medical Benefits Continuation: Terms for extending health benefits, used when applicable to the employment arrangement

6. Legal Advice: Acknowledgment of independent legal advice, used when ensuring agreement enforceability is particularly important

7. Redundancy Provisions: Specific terms related to redundancy, used when separation is due to position redundancy

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of all payment components including statutory entitlements, ex-gratia payments, and timing

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

3. Schedule C - Continuing Obligations: Detailed list of surviving clauses from the employment agreement

4. Schedule D - Release of Claims: Detailed terms of mutual releases and specific claims being released

5. Appendix 1 - Deed of Release: Separate deed of release if required under local law

6. Appendix 2 - Certificate of Independent Legal Advice: Form for legal advisor to certify employee received independent 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

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Financial Services

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Relevant Teams

Human Resources

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Executive Leadership

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Information Technology

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Customer Service

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Relevant Roles

Chief Executive Officer

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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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