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Voluntary Redundancy Settlement Agreement Template for New Zealand

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Key Requirements PROMPT example:

Voluntary Redundancy Settlement Agreement

"I need a Voluntary Redundancy Settlement Agreement for a senior software developer in Auckland, with a 3-month notice period starting March 1, 2025, including non-compete clauses and provisions for retention of company laptop for personal use."

Document background
The Voluntary Redundancy Settlement Agreement is a crucial document used in New Zealand when an employee accepts a voluntary redundancy as part of an organization's restructuring process. This document is essential for businesses operating under New Zealand employment law and is designed to protect both employer and employee interests while ensuring compliance with the Employment Relations Act 2000 and other relevant legislation. It typically comes into play during organizational changes, downsizing, or restructuring exercises where positions are being disestablished. The agreement comprehensively covers all aspects of the employment termination, including financial settlements, statutory entitlements, confidentiality provisions, and post-employment obligations. It serves as a legally binding document that, once signed, represents a full and final settlement of all matters relating to the employment and its termination.
Suggested Sections

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

2. Background: Context of the redundancy situation, confirmation of consultation process, and voluntary nature of the agreement

3. Definitions: Key terms used throughout the agreement including 'Termination Date', 'Settlement Payment', and 'Confidential Information'

4. Termination of Employment: Confirmation of the termination date and that employment ends by mutual agreement due to redundancy

5. Settlement Payments: Details of redundancy compensation, notice pay, and other entitlements, including payment timing and tax treatment

6. Final Wages and Entitlements: Calculation and payment of outstanding salary, holiday pay, and other statutory entitlements

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

8. Confidentiality: Obligations regarding confidentiality of the agreement terms and company information

9. Employee Warranties: Employee confirmations regarding voluntary acceptance and understanding of the agreement

10. Full and Final Settlement: Confirmation that the agreement constitutes full and final settlement of all claims

11. Execution: Signing provisions, including confirmation of independent legal advice

Optional Sections

1. Garden Leave: Used when the employee will remain employed but not required to work during the notice period

2. Post-Employment Restrictions: Include when specific non-compete or non-solicitation provisions are required

3. Reference: Include when an agreed form of reference is part of the settlement

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

5. Share Options/Long-Term Incentives: Include when addressing the treatment of existing share schemes or long-term incentives

6. Medical Insurance/Benefits Continuation: Used when extending certain benefits beyond the termination date

7. Announcement: Include when there's an agreed internal/external communication about the departure

Suggested Schedules

1. Schedule 1 - Settlement Payment Calculation: Detailed breakdown of all payment components including redundancy compensation, notice pay, and statutory entitlements

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

3. Schedule 3 - Agreed Reference: Template of agreed reference letter or statement, if applicable

4. Appendix A - Independent Legal Advice Certificate: Certificate to be signed by the employee's legal advisor confirming advice given

5. Appendix B - Resignation Letter: Template resignation letter confirming voluntary acceptance of redundancy

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

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Human Resources

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Chief Executive Officer

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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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