The Company Separation Letter is a crucial document in Australian employment practice, used to formalize the end of an employment relationship whether through resignation, termination, or mutual agreement. It serves multiple purposes: documenting the official end date of employment, outlining final entitlements under Australian law, addressing the return of company property, and establishing post-employment obligations. The document must comply with Australian employment legislation, particularly the Fair Work Act 2009 and relevant state laws. It's typically issued following verbal discussions about the separation and may be accompanied by additional documentation depending on the circumstances and seniority of the employee. The letter should be drafted carefully to ensure it accurately reflects the agreed terms while protecting the company's interests and maintaining professional relationships.
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1. Letter Header: Company letterhead, date, and employee's contact details
2. Confirmation of Separation: Clear statement of employment termination or acceptance of resignation, including effective date
3. Notice Period: Details of notice period, whether it will be worked or paid in lieu
4. Final Pay and Entitlements: Overview of final payment including salary, leave entitlements, and other benefits
5. Company Property: Instructions regarding return of company property and timeline
6. Confidentiality Obligations: Reminder of ongoing confidentiality obligations post-employment
7. References and Communications: Information about how future employment references will be handled
8. Contact Person: Details of who to contact for questions or concerns
9. Signature Block: Space for authorized signatory and acknowledgment
1. Garden Leave: Include when employee is required to stay away from work during notice period while remaining employed
2. Post-Employment Restrictions: Include when there are specific non-compete or non-solicitation obligations
3. Outplacement Support: Include when company is offering career transition services
4. Share Options/Long-term Incentives: Include when employee has outstanding equity or incentive arrangements
5. Continuing Obligations: Include when there are specific ongoing duties or responsibilities
6. Release Clause: Include when mutual release of claims is part of separation
7. Handover Requirements: Include when specific handover of duties or projects is required
1. Final Payment Calculation: Detailed breakdown of final payment including all entitlements
2. Company Property Checklist: List of all company items to be returned
3. Benefits Summary: Details of benefit continuations or terminations
4. Exit Procedures: Checklist of tasks to complete before last day
5. Confidential Information Schedule: Specific list of confidential information and materials
6. Handover Document: Template for documenting current projects and responsibilities
Relevant legal definitions
Termination Date
Final Pay
Notice Period
Garden Leave
Company Property
Confidential Information
Intellectual Property
Restraint Period
Restraint Area
Accrued Entitlements
Outstanding Benefits
Severance Pay
Release
Continuing Obligations
Company Group
Handover Period
Reference Period
Statutory Entitlements
Long Service Leave
Restricted Activities
Final Pay
Notice Period
Garden Leave
Company Property
Confidential Information
Intellectual Property
Restraint Period
Restraint Area
Accrued Entitlements
Outstanding Benefits
Severance Pay
Release
Continuing Obligations
Company Group
Handover Period
Reference Period
Statutory Entitlements
Long Service Leave
Restricted Activities
Clauses
Termination Notice
Final Payment
Leave Entitlements
Confidentiality
Return of Property
Non-Disparagement
Non-Compete
Non-Solicitation
Intellectual Property
Reference Provision
Release and Waiver
Post-Employment Obligations
Superannuation
Benefits Cessation
Tax Treatment
Handover Requirements
Communication Protocol
Dispute Resolution
Governing Law
Acknowledgment
Final Payment
Leave Entitlements
Confidentiality
Return of Property
Non-Disparagement
Non-Compete
Non-Solicitation
Intellectual Property
Reference Provision
Release and Waiver
Post-Employment Obligations
Superannuation
Benefits Cessation
Tax Treatment
Handover Requirements
Communication Protocol
Dispute Resolution
Governing Law
Acknowledgment
Relevant Industries
Financial Services
Technology
Healthcare
Manufacturing
Retail
Professional Services
Education
Mining and Resources
Construction
Telecommunications
Government
Non-Profit
Media and Entertainment
Transportation and Logistics
Real Estate
Relevant Teams
Human Resources
Legal
Finance
Operations
Information Technology
Sales
Marketing
Research and Development
Customer Service
Administration
Production
Quality Assurance
Corporate Communications
Business Development
Compliance
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Department Manager
HR Director
General Counsel
Sales Manager
Software Developer
Account Executive
Operations Manager
Project Manager
Administrative Assistant
Customer Service Representative
Marketing Coordinator
Financial Analyst
Research Scientist
Production Supervisor
Technical Support Specialist
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