Non Disclosure Agreement For Resigned Employee for Australia

Non Disclosure Agreement For Resigned Employee Template for Australia

This document is an Australian-compliant Non-Disclosure Agreement specifically designed for use with employees who have resigned from their position. It establishes continuing obligations regarding the protection of confidential information, trade secrets, and intellectual property after the employment relationship has ended. The agreement ensures compliance with Australian privacy laws, employment regulations, and common law principles while protecting the employer's legitimate business interests and maintaining appropriate bounds for the former employee's future career development.

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What is a Non Disclosure Agreement For Resigned Employee?

The Non-Disclosure Agreement For Resigned Employee is a critical document used when an employee leaves an organization to formalize their ongoing obligations regarding confidential information. This agreement is particularly important in the Australian business context, where protection of trade secrets and confidential information must balance with employee rights under the Fair Work Act and other relevant legislation. It should be implemented when an employee resigns from their position and has had access to sensitive business information, intellectual property, or trade secrets during their employment. The document typically includes specific provisions about information handling, return of company property, and permitted uses of knowledge in future employment, while ensuring compliance with Australian privacy laws and whistleblower protections.

What sections should be included in a Non Disclosure Agreement For Resigned Employee?

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

2. Background: Context of the agreement, including reference to previous employment and reason for additional NDA

3. Definitions: Define key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Permitted Disclosures'

4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and handling of confidential information

5. Duration of Obligations: Timeframe for which confidentiality obligations remain in effect

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and whistleblower rights

7. Return of Confidential Information: Requirements for returning or destroying confidential information and verification process

8. Breach and Remedies: Consequences of breaching the agreement and available remedies

9. Survival: Clauses that continue after termination of the agreement

10. Governing Law: Specification of Australian law as governing law and jurisdiction

What sections are optional to include in a Non Disclosure Agreement For Resigned Employee?

1. Non-Disparagement: Mutual obligations regarding non-disparagement, used when reputation management is a concern

2. Intellectual Property Assignment: Additional IP provisions if not covered in previous employment agreements

3. Future Employment: Guidelines about using general knowledge and skills in future employment without breaching confidentiality

4. Dispute Resolution: Specific procedures for resolving disputes, recommended for high-risk situations

5. Independent Legal Advice: Acknowledgment of receiving or having the opportunity to receive independent legal advice, recommended for complex agreements

6. Social Media and Digital Platforms: Specific provisions regarding confidentiality on social media and digital platforms, useful for digital-focused businesses

What schedules should be included in a Non Disclosure Agreement For Resigned Employee?

1. Schedule A - Specified Confidential Information: Detailed list of specific confidential information, trade secrets, and protected information covered by the agreement

2. Schedule B - Return of Property Checklist: Checklist of confidential materials, documents, and devices to be returned or destroyed

3. Schedule C - Acknowledgment of Return: Form for employee to acknowledge return or destruction of all confidential information

4. Appendix 1 - Permitted Disclosure Recipients: List of persons or entities to whom disclosure is permitted under specific circumstances

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

Financial Services

Healthcare

Professional Services

Manufacturing

Research and Development

Biotechnology

Retail

Media and Entertainment

Telecommunications

Mining and Resources

Education

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Executive Leadership

Finance

Operations

Sales

Marketing

Product Development

Customer Service

Administrative

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Developer

Research Scientist

Product Manager

Sales Director

Financial Controller

Human Resources Manager

Operations Manager

Business Development Manager

Project Manager

Marketing Director

Research and Development Manager

Legal Counsel

Department Head

Executive Assistant

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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