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Settlement Agreement Between Employee And Employer
"I need a Settlement Agreement Between Employee And Employer for a senior IT manager who is being made redundant due to restructuring, with a settlement payment of $150,000 and ongoing consultancy arrangements for 3 months after termination to assist with knowledge transfer."
1. Parties: Identifies and defines the employer and employee who are parties to the agreement
2. Background: Outlines the context of the employment relationship, any disputes or circumstances leading to the settlement, and the parties' intention to resolve all matters
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Settlement Terms: Details the settlement amount, payment terms, and timing of payments
5. Release and Waiver: Comprehensive release of claims by both parties and waiver of rights to future claims
6. Confidentiality: Obligations regarding confidentiality of the settlement terms and any company information
7. Non-disparagement: Mutual obligations not to make derogatory statements about each other
8. Tax Treatment: Clarification of tax implications and responsibilities for the settlement payment
9. Return of Property: Requirements for returning company property and documents
10. Governing Law: Specifies that Australian law governs the agreement and relevant jurisdiction
11. Execution: Formal execution provisions including signing requirements and date of effect
1. Post-Employment Restrictions: Includes or reinforces non-compete and non-solicitation obligations, used when the original employment contract contained these provisions or new restrictions are agreed
2. References: Details about the provision of employment references, included when parties have agreed on specific reference arrangements
3. Ongoing Cooperation: Requirements for the employee to assist with handover or future inquiries, used when continued cooperation is needed
4. Intellectual Property: Provisions regarding ownership and protection of IP, included when IP is a significant concern
5. Legal Advice: Acknowledgment of independent legal advice, included when required by law or requested by either party
6. Medical Release: Specific provisions for medical-related claims, included when settlement involves health or injury matters
7. Future Employment: Terms regarding potential future employment with the company, included when discussing rehire possibilities
8. Securities Trading: Provisions regarding trading in company securities, included for senior executives or listed companies
1. Schedule 1 - Payment Details: Detailed breakdown of settlement payments, including tax treatment and timing
2. Schedule 2 - Company Property: Itemized list of company property to be returned
3. Schedule 3 - Deed of Release: Comprehensive release terms and specific claims being settled
4. Schedule 4 - Certificate of Independent Legal Advice: Signed confirmation that parties received independent legal advice
5. Appendix A - Agreed Reference Letter: Template or copy of agreed employment reference
6. Appendix B - Resignation Letter: Template or copy of employee's resignation letter
Authors
Financial Services
Technology
Healthcare
Manufacturing
Retail
Professional Services
Education
Mining and Resources
Construction
Telecommunications
Media and Entertainment
Government and Public Sector
Non-profit Organizations
Transportation and Logistics
Agriculture
Hospitality and Tourism
Human Resources
Legal
Finance
Compliance
Risk Management
Executive Leadership
Board Secretariat
Industrial Relations
Payroll
Operations Management
Chief Executive Officer
Managing Director
Senior Executive
Department Manager
Team Leader
Professional Staff
Administrative Staff
Sales Representative
Technical Specialist
Factory Worker
Customer Service Representative
Regional Manager
Project Manager
Human Resources Manager
Financial Controller
Operations Manager
General Employee
Casual Worker
Contractor
Graduate Employee
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