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Termination Of Contract Due To Poor Performance

Termination Of Contract Due To Poor Performance Template for Australia

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Key Requirements PROMPT example:

Termination Of Contract Due To Poor Performance

"I need a Termination Of Contract Due To Poor Performance document for an IT project manager in Sydney, Australia, who has failed to meet performance targets despite two formal warnings, with the termination to take effect from March 15, 2025, including provisions for handover of ongoing projects and return of company equipment."

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Document background
The Termination Of Contract Due To Poor Performance document is essential in situations where an employer needs to formally end an employment relationship following documented performance issues and unsuccessful improvement attempts. This document is specifically designed for use in the Australian jurisdiction, ensuring compliance with the Fair Work Act 2009, relevant state legislation, and common law principles. It should only be used after appropriate performance management processes have been followed, including formal warnings and opportunities for improvement. The document typically includes details of performance issues, reference to previous warnings, notice period information, final entitlements calculation, and post-employment obligations. It serves both as a legal record of the termination and as a comprehensive communication tool that helps minimize potential unfair dismissal claims by ensuring procedural fairness.
Suggested Sections

1. Recipient Details: Full name, position title, and address of the employee

2. Date: Date of the termination letter

3. Subject Line: Clear indication that this is a termination notice

4. Performance History: Chronological summary of performance issues, including dates of previous warnings and improvement discussions

5. Termination Decision: Clear statement of the decision to terminate and the effective date

6. Notice Period: Details of the notice period or payment in lieu of notice

7. Final Entitlements: Breakdown of final pay, including outstanding wages, leave entitlements, and other benefits

8. Company Property: List of company property to be returned and process for return

9. Confidentiality Obligations: Reminder of ongoing confidentiality obligations

10. Signature Block: Signature of authorized person, their name, and position

Optional Sections

1. Garden Leave: Include when the employee is not required to attend work during the notice period

2. Post-Employment Restrictions: Include if there are existing non-compete or non-solicitation clauses to be reminded of

3. Outplacement Support: Include if the company is offering career transition assistance

4. Reference Policy: Include details about the company's policy on providing references

5. Settlement Offer: Include if offering additional payment above statutory entitlements in exchange for a deed of release

Suggested Schedules

1. Performance Improvement Plan History: Detailed timeline of performance improvement plans, meetings, and outcomes

2. Final Pay Calculation: Detailed breakdown of all final payments and entitlements

3. Company Property Register: Itemized list of company property to be returned

4. Previous Warning Letters: Copies of all formal warning letters issued

5. Handover Document Template: Template for documenting current work status and handover requirements

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

alex.den.21@genieai.co
Relevant legal definitions
























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Relevant Industries

Professional Services

Manufacturing

Retail

Healthcare

Technology

Education

Financial Services

Construction

Hospitality

Mining

Transport and Logistics

Government

Non-Profit

Telecommunications

Agriculture

Relevant Teams

Human Resources

Legal

People & Culture

Employee Relations

Workplace Relations

Compliance

Senior Management

Operations Management

Relevant Roles

Human Resources Manager

HR Business Partner

Legal Counsel

Employment Relations Manager

People & Culture Director

HR Director

Department Manager

Line Manager

Team Leader

Operations Manager

General Manager

Chief Human Resources Officer

Workplace Relations Advisor

HR Administrator

CEO

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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