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Termination By Agreement Template for New Zealand

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Key Requirements PROMPT example:

Termination By Agreement

"I need a Termination by Agreement for a senior software developer in New Zealand who will be leaving on March 15, 2025, with garden leave provisions and specific clauses about ongoing technical knowledge transfer."

Document background
The Termination by Agreement document is utilized when an employer and employee in New Zealand mutually agree to end their employment relationship under amicable circumstances. This type of agreement is particularly relevant in situations such as restructuring, career transitions, or mutual recognition that the employment relationship has run its course. The document must comply with New Zealand employment law, including the Employment Relations Act 2000 and related legislation. It typically includes comprehensive details about final payments, outstanding entitlements, confidentiality obligations, and mutual releases. The agreement serves to protect both parties' interests by clearly documenting the terms of separation and preventing future disputes. A Termination by Agreement is distinct from other forms of employment termination as it represents a consensual end to the employment relationship, often including negotiated terms beneficial to both parties.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including full legal names and relevant details

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

3. Definitions: Defines key terms used throughout the agreement

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

5. Final Payment: Details the final payment amount and its components (salary, holiday pay, etc.)

6. Mutual Release: Contains mutual releases from claims and obligations

7. Confidentiality: Confirms ongoing confidentiality obligations post-termination

8. Return of Property: Requirements for returning company property

9. Tax Treatment: Clarifies tax treatment of payments

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Garden Leave: Include when the employee will be paid but not required to work during notice period

2. Post-Employment Restrictions: Include when enforcing existing or new non-compete/non-solicitation provisions

3. Reference: Include when agreeing to provide a reference and its terms

4. Outplacement Support: Include when providing career transition services

5. Share Options/Benefits: Include when addressing treatment of existing share options or benefits

6. Ongoing Cooperation: Include when requiring employee assistance post-termination

7. Public Announcements: Include when parties need to agree on external communications

8. Legal Advice: Include when confirming independent legal advice has been obtained

Suggested Schedules

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

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

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

4. Appendix A - Agreed Reference Letter: Template or final version of agreed reference letter if applicable

5. Appendix B - Settlement and Release Terms: Detailed terms of mutual release and settlement

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

Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Construction

Hospitality

Mining and Resources

Agriculture

Transportation and Logistics

Media and Entertainment

Telecommunications

Energy

Relevant Teams

Human Resources

Legal

Finance

Operations

Administration

Executive Leadership

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Managing Director

General Manager

Department Manager

Senior Executive

Professional Staff

Administrative Staff

Technical Specialist

Sales Representative

Operations Manager

Project Manager

Human Resources Manager

Financial Controller

Legal Counsel

Department Head

Team Leader

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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