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Termination Release Agreement Template for Australia

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Key Requirements PROMPT example:

Termination Release Agreement

"I need a Termination Release Agreement for a senior executive in the technology sector who will be leaving due to redundancy on March 15, 2025, with post-employment restrictions and ongoing consultancy provisions for 6 months."

Document background
A Termination Release Agreement is a crucial document used when ending an employment relationship in Australia, whether through mutual agreement, redundancy, or other circumstances. This document serves to clearly document the terms of separation while protecting both parties' interests through mutual releases of claims. It must comply with Australian employment law, including the Fair Work Act 2009 (Cth), relevant state legislation, and common law principles. The agreement typically includes details of final payments, timing of termination, ongoing obligations, and various other terms specific to the employment relationship. It's particularly important in situations where there might be potential disputes or when significant termination payments are involved, as it provides certainty and finality to both parties while ensuring all legal obligations are properly addressed.
Suggested Sections

1. Parties: Identification of the employer and employee entering into the agreement

2. Background: Context of the employment relationship and reason for termination

3. Definitions: Key terms used throughout the agreement

4. Termination of Employment: Formal statement of employment termination including effective date

5. Final Payment and Entitlements: Details of all payments including salary, leave entitlements, and other benefits

6. Mutual Release: Mutual release of claims between parties

7. Company Property: Requirements for return of company property and intellectual property

8. Confidentiality: Ongoing obligations regarding confidential information

9. Tax Implications: Statement regarding tax treatment of payments

10. Legal Advice: Acknowledgment of opportunity to seek independent legal advice

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

12. Execution: Signature blocks and execution details

Optional Sections

1. Non-Disparagement: Mutual obligations not to make negative statements about each other

2. Post-Employment Restrictions: Non-compete and non-solicitation provisions if applicable

3. Ongoing Cooperation: Requirements for employee assistance in transition or future matters

4. Reference: Agreement on the nature and content of future employment references

5. Benefits Continuation: Details of any benefits extending beyond termination

6. Outplacement Services: Provisions for career transition support if offered

7. Share Options/Securities: Treatment of any equity-based compensation

8. Dispute Resolution: Specific procedures for resolving any future disputes

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of all termination payments and entitlements

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Continuing Obligations: List of specific obligations that survive termination

4. Schedule 4 - Employee Benefits Summary: Summary of benefits and their treatment post-termination

5. Appendix A - Statutory Declaration: Employee declaration regarding return of property and confidential information

6. Appendix B - Certificate of Independent Legal Advice: Confirmation of independent legal advice if required

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

Relevant legal definitions




































Clauses



































Relevant Industries

Financial Services

Technology

Healthcare

Manufacturing

Retail

Professional Services

Education

Mining

Construction

Transportation

Telecommunications

Agriculture

Government

Non-Profit

Media and Entertainment

Relevant Teams

Human Resources

Legal

People & Culture

Employee Relations

Compliance

Executive Leadership

Finance

Operations

Administration

Relevant Roles

Human Resources Manager

HR Director

Legal Counsel

Employment Lawyer

HR Business Partner

Chief Human Resources Officer

People & Culture Manager

Employee Relations Manager

HR Operations Manager

Talent Management Director

Chief Executive Officer

Chief Operating Officer

Department Manager

Line Manager

Senior Manager

Executive

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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