A Letter of Resignation Breaking Contract is utilized when an employee needs to terminate their employment before the agreed contract period ends in New Zealand. This document is crucial when circumstances require early departure from a fixed-term contract or breaking a notice period specified in an ongoing contract. It must be drafted in compliance with New Zealand employment legislation, particularly the Employment Relations Act 2000. The letter serves multiple purposes: formally notifying the employer of the resignation, acknowledging the breach of contract, specifying the last working day, and potentially offering mitigation measures. It's essential when personal circumstances, new opportunities, or other factors necessitate breaking contractual commitments, but requires careful drafting to minimize legal and professional repercussions.
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1. Personal Details and Date: Full name, position title, employee ID (if applicable), and current date
2. Formal Address: Recipient's name, title, company name, and address
3. Subject Line: Clear indication that this is a resignation letter
4. Notice of Resignation: Clear statement of intention to resign and acknowledgment of breaking contract
5. Last Working Day: Specific date of intended last day of work
6. Acknowledgment of Contract Terms: Reference to relevant contract clauses being broken and any applicable notice periods
7. Professional Closure: Expression of gratitude and professional acknowledgments
8. Signature Block: Formal signature, printed name, and contact details
1. Reason for Early Termination: Include when there are legitimate reasons that might mitigate the contract breach (e.g., health issues, family emergencies)
2. Handover Arrangements: Include when there are specific projects or responsibilities that need formal handover procedures
3. Mitigation Proposal: Include when offering specific solutions to minimize impact of early departure
4. Request for References: Include when seeking a reference despite the early termination
5. Outstanding Entitlements: Include when there are specific matters regarding final pay, leave, or benefits to be addressed
1. Current Project Status Report: Summary of ongoing projects and their current status
2. Handover Documentation: Detailed documentation of responsibilities and ongoing work
3. Asset Return Schedule: List of company property to be returned
4. Outstanding Leave Calculation: Documentation of any accrued leave or time owed
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