The Full and Final Settlement Agreement is a crucial legal document used in Irish employment law contexts when an employment relationship is being terminated or an employment-related dispute is being resolved. It serves as a comprehensive settlement of all claims between employer and employee, providing certainty and closure for both parties. The document is typically used in situations involving redundancy, mutual separation, resolution of workplace disputes, or settlement of potential claims. It must comply with Irish employment law requirements, including the necessity for independent legal advice for the employee. The agreement covers various aspects including financial settlements, tax treatment, confidentiality provisions, and mutual obligations, while ensuring all statutory requirements under Irish law are met. This type of agreement is particularly important as it provides protection for both parties by preventing future claims and clearly documenting the terms of settlement.
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1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses
2. Background: Outlines the context of the dispute or circumstances leading to the settlement
3. Definitions: Defines key terms used throughout the agreement
4. Settlement Terms: Details the settlement sum and payment terms
5. Tax Indemnity: Addresses tax implications and responsibilities
6. Settlement and Waiver: Comprehensive list of claims being settled and waived
7. Warranties and Representations: Statements of fact and promises made by both parties
8. Confidentiality: Terms regarding the confidentiality of the settlement and dispute
9. Return of Property: Requirements for returning company property and documents
10. Post-Settlement Obligations: Ongoing obligations of both parties after settlement
11. Non-Disparagement: Mutual agreements not to make derogatory statements
12. Legal Advice: Confirmation that independent legal advice was received
13. Entire Agreement: Confirms this document represents the complete agreement between parties
14. Governing Law: Specifies Irish law as governing law and jurisdiction
15. Execution: Signature blocks and execution requirements
1. References: Terms regarding the provision of references - include when future employment references are part of the settlement
2. Non-Compete Clauses: Restrictions on future employment - include when post-employment restrictions are required
3. Pension Arrangements: Details of any pension-related settlements - include when pension rights are affected
4. Share Options: Treatment of existing share options or awards - include for settlements involving senior executives
5. Ongoing Medical Insurance: Provisions for continued medical coverage - include when health benefits are part of settlement
6. Legal Costs: Agreement on payment of legal costs - include when legal costs are being covered
7. Announcement: Agreed internal/external communications - include for high-profile settlements
8. Garden Leave: Terms of any garden leave period - include when applicable to departure arrangements
1. Schedule 1 - Claims Being Settled: Comprehensive list of all statutory and common law claims being settled
2. Schedule 2 - Payment Details: Breakdown of settlement payment including tax treatment of different elements
3. Schedule 3 - Company Property: Itemized list of company property to be returned
4. Appendix A - Agreed Reference: Format and content of agreed employment reference if applicable
5. Appendix B - Resignation Letter: Template or agreed form of resignation letter if applicable
6. Appendix C - Announcement Text: Agreed wording for any internal or external announcements
Relevant legal definitions
Agreement
Board
Business
Claims
Company
Commencement Date
Confidential Information
Effective Date
Employee
Employment
Group
Group Company
Independent Legal Adviser
Intellectual Property Rights
Parties
Payment Date
Personal Data
Reference
Relevant Period
Settlement Payment
Settlement Sum
Statutory Claims
Surviving Provisions
Tax
Termination Date
Trade Secrets
Warranties
Without Prejudice
Working Days
Board
Business
Claims
Company
Commencement Date
Confidential Information
Effective Date
Employee
Employment
Group
Group Company
Independent Legal Adviser
Intellectual Property Rights
Parties
Payment Date
Personal Data
Reference
Relevant Period
Settlement Payment
Settlement Sum
Statutory Claims
Surviving Provisions
Tax
Termination Date
Trade Secrets
Warranties
Without Prejudice
Working Days
Clauses
Interpretation
Settlement Payments
Payment Terms
Tax Indemnity
Settlement and Waiver
Release of Claims
Confidentiality
Non-Disclosure
Return of Property
Non-Disparagement
Warranties and Representations
Legal Advice
Post-Termination Restrictions
Reference Provision
Announcement
Data Protection
Indemnification
Further Assurance
Severability
Variation
Third Party Rights
Notices
Counterparts
Assignment
Waiver
Entire Agreement
Costs
Governing Law and Jurisdiction
Settlement Payments
Payment Terms
Tax Indemnity
Settlement and Waiver
Release of Claims
Confidentiality
Non-Disclosure
Return of Property
Non-Disparagement
Warranties and Representations
Legal Advice
Post-Termination Restrictions
Reference Provision
Announcement
Data Protection
Indemnification
Further Assurance
Severability
Variation
Third Party Rights
Notices
Counterparts
Assignment
Waiver
Entire Agreement
Costs
Governing Law and Jurisdiction
Relevant Industries
Financial Services
Technology
Healthcare
Manufacturing
Retail
Professional Services
Education
Construction
Telecommunications
Pharmaceuticals
Public Sector
Non-Profit
Media and Entertainment
Energy
Transportation and Logistics
Relevant Teams
Human Resources
Legal
Finance
Compliance
Risk Management
Senior Management
Board of Directors
Operations
Employee Relations
Payroll
Relevant Roles
HR Director
Legal Counsel
Chief Financial Officer
HR Manager
Employment Lawyer
Compliance Officer
Risk Manager
Managing Director
Department Head
Line Manager
HR Business Partner
Company Secretary
Operations Director
Chief Executive Officer
Finance Manager
Senior Executive
Department Manager
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