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Settlement Agreement Between Employee And Employer Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Settlement Agreement Between Employee And Employer is a crucial document in Australian employment law used when an employment relationship is being terminated or a workplace dispute is being resolved. It serves to document the complete understanding between parties and provides legal certainty for both employer and employee. Typically used in situations involving redundancy, mutual separation, dispute resolution, or contentious terminations, this agreement outlines settlement payments, releases, and ongoing obligations while ensuring compliance with Australian employment legislation, particularly the Fair Work Act 2009. The document protects both parties' interests by clearly stating all terms and conditions of the settlement, including financial arrangements, confidentiality requirements, and mutual releases from future claims.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

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

Relevant Teams

Human Resources

Legal

Finance

Compliance

Risk Management

Executive Leadership

Board Secretariat

Industrial Relations

Payroll

Operations Management

Relevant Roles

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

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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