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Mutual Termination Of Employment Template for New Zealand

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Key Requirements PROMPT example:

Mutual Termination Of Employment

"I need a Mutual Termination of Employment agreement for our Chief Technology Officer who has agreed to step down on March 15, 2025, including provisions for a 3-month gardening leave period, retention of certain stock options, and ongoing consultancy arrangements."

Document background
The Mutual Termination of Employment agreement is used when both employer and employee in New Zealand agree to end their employment relationship amicably. This document is particularly relevant when parties wish to formalize their agreement to part ways on mutually acceptable terms, outside of standard resignation or dismissal processes. It provides legal protection for both parties under New Zealand employment law, particularly the Employment Relations Act 2000, by clearly documenting the agreed terms of separation, including final payments, confidentiality obligations, and mutual releases. The agreement helps prevent future disputes by establishing clear terms for the separation and ensuring all statutory obligations are met. It's commonly used during restructuring, career changes, or when both parties agree that the employment relationship has run its course.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Brief context of the employment relationship and mutual decision to terminate

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when employment relationship will end

5. Final Payment: Details of salary, holiday pay, and other entitlements up to termination date

6. Company Property: Requirements for return of company property and equipment

7. Confidentiality: Ongoing obligations regarding confidential information

8. Mutual Release: Mutual waiver of claims between parties

9. Tax Treatment: Clarification of tax treatment of payments

10. Execution: Signature blocks and execution details

Optional Sections

1. Gardening Leave: Terms of paid leave period until termination date, if applicable

2. Reference: Agreement regarding employment references and future communications about employment

3. Post-Employment Restrictions: Continued applicability of any non-compete or non-solicitation provisions

4. Outplacement Support: Details of any career transition services provided

5. Medical Insurance: Continuation or termination of health benefits

6. Share Options/Benefits: Treatment of any outstanding share options or long-term benefits

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

Suggested Schedules

1. Schedule 1 - Final Payment Calculation: Detailed breakdown of final payment including salary, holiday pay, and other entitlements

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

3. Schedule 3 - Continuing Obligations: List of obligations that survive termination from original employment agreement

4. Appendix A - Resignation Letter: Form of resignation letter to be signed by employee

5. Appendix B - Certificate of Compliance: Employee certification of returned property and compliance with agreement terms

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

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Hospitality

Mining

Agriculture

Transportation

Telecommunications

Media and Entertainment

Non-Profit

Relevant Teams

Human Resources

Legal

Finance

Operations

Executive Leadership

Administration

Information Technology

Sales

Marketing

Research and Development

Customer Service

Production

Quality Assurance

Business Development

Compliance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Department Manager

Senior Executive

Project Manager

Software Developer

Account Manager

Sales Representative

Administrative Assistant

Human Resources Manager

Operations Manager

Marketing Director

Research Scientist

Legal Counsel

Technical Specialist

Financial Analyst

Business Development Manager

Customer Service Representative

Production Supervisor

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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