Voluntary Resignation In Lieu Of Termination Letter for Australia

Voluntary Resignation In Lieu Of Termination Letter Template for Australia

This document serves as a formal agreement between an employer and employee in Australia, where the employee voluntarily resigns from their position as an alternative to termination proceedings. It outlines the terms and conditions of the resignation, including the effective date, final payment details, benefit arrangements, and any ongoing obligations. The document complies with Australian employment law, particularly the Fair Work Act 2009 and relevant state legislation, ensuring proper documentation of the mutual agreement and protecting both parties' interests in the employment separation process.

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What is a Voluntary Resignation In Lieu Of Termination Letter?

The Voluntary Resignation In Lieu Of Termination Letter is utilized in situations where an employer has identified performance or conduct issues that might lead to termination, but both parties agree to proceed with a voluntary resignation instead. This approach can be beneficial for both the employer and employee in the Australian workplace context, as it allows the employee to maintain a cleaner employment record and provides the employer with a more straightforward separation process. The document typically includes key details such as the resignation date, final payment calculations, benefit arrangements, and any continuing obligations under Australian employment law. It's particularly important that the document clearly establishes the voluntary nature of the resignation and complies with the Fair Work Act 2009 and other relevant state-specific employment legislation.

What sections should be included in a Voluntary Resignation In Lieu Of Termination Letter?

1. Letter Header: Company letterhead, date, and formal business letter formatting

2. Addressing: Employee's full name and address

3. Subject Line: Clear indication that this is a voluntary resignation agreement

4. Acknowledgment of Discussion: Reference to prior discussions regarding performance/conduct issues and the option to resign

5. Resignation Statement: Clear statement of voluntary resignation and effective date

6. Notice Period: Details of notice period or payment in lieu of notice

7. Final Payment Details: Overview of final payment including outstanding wages, leave entitlements, and other benefits

8. Return of Company Property: List of company property to be returned and deadline

9. Confidentiality: Reminder of ongoing confidentiality obligations

10. Signature Block: Space for both employer and employee signatures, names, and dates

What sections are optional to include in a Voluntary Resignation In Lieu Of Termination Letter?

1. Reference Provision: Terms regarding future employment references, used when agreed to provide a neutral reference

2. Non-Disparagement: Mutual agreement not to make negative statements, included when reputation management is a concern

3. Outplacement Services: Details of any career transition support offered, included when part of the resignation package

4. Medical Benefits Extension: Information about continuing health benefits, if applicable

5. Release of Claims: Mutual release of legal claims, included when there are potential legal issues

6. Post-Employment Restrictions: Reminder of existing non-compete or non-solicitation obligations, included if such agreements exist

What schedules should be included in a Voluntary Resignation In Lieu Of Termination Letter?

1. Schedule A - Final Payment Calculation: Detailed breakdown of all final payments, including leave entitlements, bonuses, and deductions

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

3. Schedule C - Benefit Continuation Details: Detailed information about any continuing benefits and their duration

4. Appendix 1 - Referenced Employment Agreements: List of relevant employment agreements and ongoing obligations

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

Document Type

Termination Letter

Sector

Cost

Free to use
Relevant Industries

Financial Services

Technology

Healthcare

Manufacturing

Retail

Professional Services

Education

Construction

Mining

Telecommunications

Government

Non-Profit

Hospitality

Transportation

Media and Entertainment

Relevant Teams

Human Resources

Legal

People & Culture

Employee Relations

Compliance

Senior Management

Operations Management

Relevant Roles

Human Resources Manager

HR Director

Employment Relations Manager

People & Culture Manager

Legal Counsel

HR Business Partner

Chief Human Resources Officer

Employee Relations Specialist

HR Operations Manager

Talent Management Director

Department Manager

Line Manager

General Manager

Chief Executive Officer

Managing Director

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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