A Settlement Agreement and Release under Irish law is a crucial document used when an employer and employee wish to formally resolve employment-related disputes or agree to terminate their employment relationship on mutually agreed terms. This document is particularly relevant in situations involving redundancies, performance issues, workplace disputes, or when parties wish to amicably conclude their employment relationship while preventing future claims. The agreement must comply with specific Irish legal requirements, including the necessity for the employee to receive independent legal advice, and typically includes provisions for financial settlement, confidentiality obligations, tax treatment, and comprehensive releases. It serves as a full and final settlement of all claims between the parties, providing legal certainty and protection for both the employer and employee.
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1. Parties: Identifies and defines all parties to the agreement, including the employer and employee
2. Background: Sets out 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 any other consideration being provided
5. Payment Terms: Specifies the timing, method, and conditions of settlement payments
6. Tax Indemnity: Addresses tax treatment of payments and related indemnities
7. Release and Waiver: Comprehensive release of claims and waiver of rights
8. Employee Warranties: Employee's confirmations regarding claims and circumstances
9. Company Warranties: Company's confirmations and commitments
10. Confidentiality: Obligations regarding confidentiality of the agreement and its terms
11. Return of Property: Requirements for returning company property and documents
12. Legal Advice: Confirmation of independent legal advice received by the employee
13. Entire Agreement: Confirms the agreement represents the entire understanding between parties
14. Governing Law and Jurisdiction: Specifies Irish law as governing law and Irish courts' jurisdiction
1. Post-Termination Restrictions: Reaffirmation or modification of existing restrictive covenants, used when post-employment restrictions are relevant
2. Reference: Terms regarding the provision of employment references, included when agreed as part of settlement
3. Ongoing Cooperation: Requirements for future cooperation in legal or business matters, used when continued assistance may be needed
4. Share Arrangements: Provisions regarding company shares or share options, included when employee holds company shares
5. Insurance and Benefits: Continuation or termination of insurance and benefits, used when specific benefit arrangements are part of settlement
6. Announcement: Terms regarding internal/external communications about the settlement, included when public/internal announcements are needed
7. Garden Leave: Provisions regarding any garden leave period, used when applicable to the termination arrangement
8. Legal Costs: Provisions regarding payment of legal costs, included when employer is contributing to employee's legal fees
1. Schedule 1 - Payment Details: Detailed breakdown of settlement payments and their tax treatment
2. Schedule 2 - Claims: Comprehensive list of statutory and contractual claims being settled
3. Schedule 3 - Company Property: Itemized list of company property to be returned
4. Schedule 4 - Agreed Reference: Form of agreed employment reference, if applicable
5. Schedule 5 - Announcement: Agreed form of any internal or external announcements
6. Appendix 1 - Adviser's Certificate: Independent legal adviser's certification as required by law
7. Appendix 2 - Resignation Letter: Form of resignation letter if applicable
Relevant legal definitions
Agreement
Board
Business
Claims
Company
Confidential Information
Data Protection Legislation
Effective Date
Employee
Employment
Employment Claims
Group
Group Company
Independent Adviser
Intellectual Property Rights
PAYE
Parties
Payment
PRSI
Reference
Relevant Tax Authority
Revenue Commissioners
Settlement Sum
Statutory Claims
Taxation
Termination Date
Termination Payment
USC
Without Prejudice
Working Time Legislation
Company Property
Restrictive Covenants
Share Schemes
Benefits
Contract of Employment
Directors and Officers Insurance
Professional Advisers
Records
Remuneration
Related Person
Staff Handbook
Surviving Provisions
Trade Secrets
Works Council
Board
Business
Claims
Company
Confidential Information
Data Protection Legislation
Effective Date
Employee
Employment
Employment Claims
Group
Group Company
Independent Adviser
Intellectual Property Rights
PAYE
Parties
Payment
PRSI
Reference
Relevant Tax Authority
Revenue Commissioners
Settlement Sum
Statutory Claims
Taxation
Termination Date
Termination Payment
USC
Without Prejudice
Working Time Legislation
Company Property
Restrictive Covenants
Share Schemes
Benefits
Contract of Employment
Directors and Officers Insurance
Professional Advisers
Records
Remuneration
Related Person
Staff Handbook
Surviving Provisions
Trade Secrets
Works Council
Clauses
Interpretation
Definitions
Payment Terms
Settlement Sum
Tax Obligations
Release of Claims
Waiver
Confidentiality
Non-Disclosure
Company Property
Post-Termination Restrictions
References
Announcements
Legal Advice
Warranties
Indemnities
Data Protection
Intellectual Property
Return of Property
Future Cooperation
Non-Admission of Liability
Binding Nature
Severability
Variation
Third Party Rights
Entire Agreement
Counterparts
Notices
Governing Law
Jurisdiction
Assignment
Further Assurance
Costs
Time of Essence
Garden Leave
Statutory Rights
Employee Benefits
Insurance
Share Options
Regulatory Compliance
Dispute Resolution
Definitions
Payment Terms
Settlement Sum
Tax Obligations
Release of Claims
Waiver
Confidentiality
Non-Disclosure
Company Property
Post-Termination Restrictions
References
Announcements
Legal Advice
Warranties
Indemnities
Data Protection
Intellectual Property
Return of Property
Future Cooperation
Non-Admission of Liability
Binding Nature
Severability
Variation
Third Party Rights
Entire Agreement
Counterparts
Notices
Governing Law
Jurisdiction
Assignment
Further Assurance
Costs
Time of Essence
Garden Leave
Statutory Rights
Employee Benefits
Insurance
Share Options
Regulatory Compliance
Dispute Resolution
Relevant Industries
Financial Services
Technology
Manufacturing
Retail
Healthcare
Professional Services
Education
Construction
Telecommunications
Media
Pharmaceutical
Energy
Transport and Logistics
Real Estate
Hospitality
Relevant Teams
Human Resources
Legal
Finance
Operations
Executive Leadership
Compliance
Risk Management
Payroll
Industrial Relations
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Director
Senior Manager
Middle Manager
Human Resources Manager
Department Head
Team Leader
Senior Executive
Professional Staff
Administrative Staff
Technical Specialist
Sales Representative
Operations Manager
Project Manager
General Counsel
Finance Manager
Regional Manager
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