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Standard Termination Agreement Template for New Zealand

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Key Requirements PROMPT example:

Standard Termination Agreement

"I need a Standard Termination Agreement under New Zealand law for a senior software developer who will be leaving by mutual agreement on March 15, 2025, including garden leave provisions and protection of intellectual property."

Document background
The Standard Termination Agreement is a crucial document used in New Zealand employment law contexts when formally ending an employment relationship by mutual agreement. It provides a comprehensive framework for documenting the terms of separation while ensuring compliance with New Zealand employment legislation, including the Employment Relations Act 2000, Holidays Act 2003, and other relevant statutes. This document is particularly valuable when both parties wish to achieve a clean break and clearly document their obligations and entitlements. The agreement typically includes provisions for final payments, return of property, ongoing obligations, and mutual releases, while being adaptable to various industries and employment situations. It serves as a protective measure for both employers and employees by clearly documenting the agreed terms and helping prevent future disputes.
Suggested Sections

1. Parties: Identifies the employer and employee who are parties to the agreement

2. Background: Sets out the context of the employment relationship and the reason for termination

3. Definitions: Defines key terms used throughout the agreement

4. Termination Date: Specifies the effective date of employment termination

5. Final Payment: Details the calculation and components of the final payment, including salary, holiday pay, and other entitlements

6. Return of Company Property: Lists company property to be returned and the process for return

7. Confidentiality: Confirms ongoing confidentiality obligations post-employment

8. Non-Disparagement: Mutual obligations regarding non-disparagement

9. Release of Claims: Mutual release of claims between parties

10. Execution: Signature blocks and execution details

Optional Sections

1. Garden Leave: Include when the employee is required to serve garden leave during notice period

2. Post-Employment Restrictions: Include when enforcing existing restraint of trade or non-compete obligations

3. Reference: Include when agreement includes provisions about employment references

4. Outplacement Support: Include when employer is providing career transition services

5. Tax Indemnity: Include when special payments or tax arrangements apply

6. Continuing Obligations: Include when specific obligations from employment agreement continue post-termination

Suggested Schedules

1. Schedule 1 - Final Payment Calculation: Detailed breakdown of final payment components

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

3. Schedule 3 - Continuing Obligations: Extract of relevant clauses from employment agreement that continue post-termination

4. Appendix A - Settlement and Release Terms: Detailed terms of mutual release and settlement

5. Appendix B - Certificate of Independent Legal Advice: Confirmation that parties received independent legal advice if required

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






























Clauses






























Relevant Industries

Professional Services

Financial Services

Technology

Manufacturing

Retail

Healthcare

Education

Construction

Hospitality

Transportation

Mining

Agriculture

Government

Non-Profit

Relevant Teams

Human Resources

Legal

People Operations

Employee Relations

Compliance

Executive Leadership

Administration

Relevant Roles

Human Resources Manager

HR Director

Legal Counsel

Employment Relations Manager

HR Business Partner

Chief Human Resources Officer

People Operations Manager

HR Administrator

Talent Manager

Employee Relations Specialist

Chief Executive Officer

Department Manager

Line Manager

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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