The Employee Separation Agreement is a crucial document used in Ireland when formally ending an employment relationship, whether through mutual agreement, redundancy, or other circumstances. It serves to document all aspects of the employment termination, including financial settlements, continuing obligations, and mutual releases. The agreement must comply with Irish employment law, including the Unfair Dismissals Acts 1977-2015, Redundancy Payments Acts 1967-2014, and equality legislation. It typically includes provisions for final payments, treatment of benefits, confidentiality obligations, and non-disparagement clauses. This document is particularly important for protecting both employer and employee interests by providing clarity and certainty regarding the separation terms while ensuring all statutory requirements are met.
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1. Parties: Identifies the employer and employee, including their full legal names and addresses
2. Background: States the context of the agreement, including employment start date, position, and reason for separation
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment and final working day if different
5. Final Payment: Details the employee's final salary, including any pro-rata payments for partial periods
6. Statutory Entitlements: Outlines payments for accrued but unused annual leave, public holidays, and other statutory entitlements
7. Company Property: Lists company property to be returned and deadline for return
8. Confidentiality Obligations: Reiterates ongoing confidentiality obligations post-employment
9. Non-Disparagement: Mutual commitments to refrain from making negative statements about each other
10. Tax Indemnity: Clarifies tax treatment of payments and related indemnities
11. Full and Final Settlement: Confirms that the agreement represents full and final settlement of all claims
12. Governing Law: Specifies that Irish law governs the agreement
13. Entire Agreement: Confirms this document represents the entire agreement between parties
1. Severance Payment: Details of any ex-gratia payment being made, used when offering payment beyond statutory requirements
2. Reference: Terms regarding the provision of employment references, included when agreed to provide a reference
3. Post-Termination Restrictions: Restatement or modification of existing restrictive covenants, used when relevant to employee's role
4. Legal Costs: Agreement to contribute to employee's legal costs, included when employer is contributing to legal fees
5. Outplacement Support: Details of any career transition services offered, included when providing such support
6. Share Options/Awards: Treatment of existing share options or awards, included for employees with equity compensation
7. Garden Leave: Terms of any garden leave period, used when employee will not be working during notice period
8. Insurance Benefits: Continuation or termination of insurance benefits, included when relevant benefits exist
9. Announcement: Agreed internal/external communications about departure, used for senior employees
10. Resignation from Directorships: Terms for resigning from corporate positions, used for director-level employees
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including statutory, contractual, and ex-gratia amounts
2. Schedule 2 - Company Property: Itemized list of company property to be returned
3. Schedule 3 - Claims Being Settled: Comprehensive list of statutory and contractual claims being waived
4. Schedule 4 - Continuing Obligations: Details of post-employment obligations including confidentiality and restrictive covenants
5. Appendix A - Adviser's Certificate: Certificate from employee's legal adviser confirming independent advice given
6. Appendix B - Letter of Resignation: Template resignation letter if resignation is the formal reason for departure
Relevant legal definitions
Accrued Pay
Agreement
Board
Company
Compensation
Confidential Information
Effective Date
Employee
Employer
Employment
Final Payment
Garden Leave
Group
Intellectual Property Rights
Notice Period
Parties
Protected Disclosure
Relevant Period
Restricted Business
Restricted Customer
Restricted Period
Severance Payment
Statutory Claims
Statutory Entitlements
Surviving Provisions
Termination Date
Trade Secrets
Waiver
Works Council
Without Prejudice
Agreement
Board
Company
Compensation
Confidential Information
Effective Date
Employee
Employer
Employment
Final Payment
Garden Leave
Group
Intellectual Property Rights
Notice Period
Parties
Protected Disclosure
Relevant Period
Restricted Business
Restricted Customer
Restricted Period
Severance Payment
Statutory Claims
Statutory Entitlements
Surviving Provisions
Termination Date
Trade Secrets
Waiver
Works Council
Without Prejudice
Clauses
Termination
Final Payment
Statutory Entitlements
Tax Obligations
Company Property Return
Confidentiality
Data Protection
Non-Disparagement
Post-Employment Restrictions
Intellectual Property
Reference Provision
Legal Costs
Full and Final Settlement
Claims Waiver
Announcements
Garden Leave
Benefits Continuation
Share Options
Cooperation
Notice
Severance
Return of Property
Governing Law
Entire Agreement
Survival
Amendment
Severability
Third Party Rights
Counterparts
Warranty
Final Payment
Statutory Entitlements
Tax Obligations
Company Property Return
Confidentiality
Data Protection
Non-Disparagement
Post-Employment Restrictions
Intellectual Property
Reference Provision
Legal Costs
Full and Final Settlement
Claims Waiver
Announcements
Garden Leave
Benefits Continuation
Share Options
Cooperation
Notice
Severance
Return of Property
Governing Law
Entire Agreement
Survival
Amendment
Severability
Third Party Rights
Counterparts
Warranty
Relevant Industries
Technology
Financial Services
Manufacturing
Retail
Healthcare
Professional Services
Education
Construction
Telecommunications
Pharmaceutical
Energy
Media and Entertainment
Hospitality
Transportation and Logistics
Real Estate
Relevant Teams
Human Resources
Legal
Finance
Payroll
Compliance
Executive Leadership
Information Technology
Operations
Administration
Risk Management
Relevant Roles
Chief Executive Officer
Managing Director
Department Head
Senior Manager
Project Manager
Team Leader
Software Developer
Sales Representative
Account Manager
Administrative Assistant
Human Resources Manager
Financial Analyst
Operations Manager
Marketing Executive
Research Scientist
Customer Service Representative
Technical Support Specialist
Business Development Manager
Product Manager
Legal Counsel
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