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1. Parties: Identification of the employer and employee, including full legal names and relevant details
2. Background: Context of the employment relationship, including start date, position, and reason for termination
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination Date: Clear specification of the employment end date and final working day
5. Termination Payments: Detailed breakdown of all payments due to the employee, including salary, notice period, and statutory entitlements
6. Release and Waiver: Mutual releases from claims and liabilities, subject to applicable law
7. Continuing Obligations: Ongoing obligations such as confidentiality and intellectual property protection
8. Return of Company Property: Requirements and timeline for returning all company assets and materials
9. Confidentiality of Agreement: Terms regarding the confidentiality of the separation agreement itself
10. Tax Treatment: Clarification of tax implications and responsibilities
11. General Provisions: Standard legal provisions including governing law, entire agreement, and amendments
1. Non-Disparagement: Mutual obligations not to make negative statements, typically included for senior roles or sensitive departures
2. Post-Employment Restrictions: Non-compete and non-solicitation clauses, used when protecting business interests is crucial
3. Reference and Announcement: Terms regarding employment references and internal/external communications about the departure
4. Outplacement Services: Details of any career transition support offered, common in redundancy situations
5. Share Options and Benefits: Treatment of unvested equity and ongoing benefits, relevant for senior executives
6. Legal Advice: Acknowledgment of independent legal advice, recommended for complex agreements or senior positions
7. Dispute Resolution: Specific procedures for resolving disputes, useful in high-value or complex terminations
1. Schedule A - Calculation of Payments: Detailed breakdown of all termination payments, including statutory entitlements, bonuses, and other benefits
2. Schedule B - Company Property Register: List of all company property to be returned by the employee
3. Schedule C - Continuing Obligations: Detailed list of specific ongoing obligations from the original employment agreement that survive termination
4. Appendix 1 - Statutory Declaration: Employee's declaration regarding return of company property and compliance with obligations
5. Appendix 2 - Deed of Release: Formal release deed complying with Australian legal requirements
Applicable Laws
Claims
Company
Company Property
Confidential Information
Effective Date
Employee
Employer
Employment Contract
Final Payment Date
Intellectual Property Rights
Notice Period
Outstanding Entitlements
Parties
Release
Restraint Period
Separation Date
Statutory Entitlements
Superannuation
Termination Date
Termination Payment
Accrued Benefits
Long Service Leave
Annual Leave
Personal/Carer's Leave
Related Entities
Redundancy Payment
Permitted Disclosure
Professional Advisers
Continuing Obligations
Restricted Activities
Trade Secrets
Work Product
Governing Law
Payment of Entitlements
Final Salary Payment
Statutory Payments
Release and Waiver
Confidentiality
Intellectual Property
Return of Property
Non-Disparagement
Non-Competition
Non-Solicitation
Tax Obligations
Superannuation
Legal Compliance
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Notices
Assignment
Third Party Rights
Waiver
Force Majeure
Representation and Warranties
Independent Legal Advice
Acknowledgment
Further Assurance
Cooperation
Post-Employment Obligations
Financial Services
Technology
Manufacturing
Retail
Healthcare
Professional Services
Mining
Construction
Education
Telecommunications
Agriculture
Transportation
Energy
Media and Entertainment
Government
Non-Profit
Human Resources
Legal
Finance
Operations
Executive Leadership
Administration
Compliance
Risk Management
Industrial Relations
Payroll
Chief Executive Officer
Chief Financial Officer
Human Resources Director
Department Manager
Senior Executive
Project Manager
Software Developer
Sales Representative
Administrative Assistant
Operations Manager
Legal Counsel
Marketing Manager
Financial Analyst
Customer Service Representative
Research Scientist
Production Supervisor
Account Manager
Business Analyst
Technical Support Specialist
General Staff
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