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Termination Of The Employment Contract

Termination Of The Employment Contract Template for Australia

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Termination Of The Employment Contract Template

"I need a Termination Of The Employment Contract Template for a mutual separation agreement with a senior software developer in our Sydney office, effective March 15, 2025, including standard non-compete clauses and provisions for unvested stock options."

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Document background
The Termination Of The Employment Contract Template is an essential document for Australian organizations managing the formal conclusion of employment relationships. It is designed for use when employment is terminated through various circumstances, including resignation, redundancy, performance-based termination, or mutual agreement. The template ensures compliance with Australian employment law, particularly the Fair Work Act 2009, and includes provisions for notice periods, final entitlements, confidentiality obligations, and post-employment restrictions. This document helps organizations maintain consistent termination practices while minimizing legal risks and protecting both employer and employee interests. It can be customized based on the specific circumstances of the termination while maintaining compliance with relevant Australian employment legislation, awards, and enterprise agreements.
Suggested Sections

1. Parties: Identifies the employer and employee, including their full legal names, addresses, and relevant identifiers

2. Background: Brief context of the employment relationship, including start date, position, and reason for termination

3. Definitions: Defines key terms used throughout the agreement

4. Termination Date: Specifies the official end date of employment and last working day if different

5. Notice Period: Details of the notice period being provided or payment in lieu of notice

6. Final Payment: Breakdown of final payment including salary, leave entitlements, and other benefits

7. Company Property: Requirements for return of company property and intellectual property obligations

8. Confidentiality: Ongoing obligations regarding confidential information

9. Mutual Release: Release of claims between parties, subject to terms of the agreement

10. Continuing Obligations: Any post-employment obligations that survive termination

11. Governing Law: Specifies that the agreement is governed by Australian law

12. Execution: Signature blocks and execution details

Optional Sections

1. Redundancy Payment: Required when termination is due to redundancy, detailing redundancy pay calculations

2. Garden Leave: Used when employee is directed not to attend work during notice period

3. Post-Employment Restrictions: Non-compete and non-solicitation clauses if applicable to the role

4. Reference: Terms regarding the provision of employment references

5. Outplacement Support: Details of any career transition services being provided

6. Medical Examination: Required for terminations related to medical capacity

7. Performance Issues: Used when termination is related to performance management

8. Misconduct: Required when termination is due to misconduct, detailing the relevant incidents

9. Dispute Resolution: Specific procedures for resolving disputes about the termination

Suggested Schedules

1. Schedule 1 - Final Payment Calculation: Detailed breakdown of all final payment components including tax treatment

2. Schedule 2 - Company Property Register: List of all company property to be returned

3. Schedule 3 - Statutory Declaration: Employee's declaration regarding return of company property and information

4. Schedule 4 - Deed of Release: Comprehensive release of claims between parties

5. Appendix A - Compliance Certificate: Confirmation of compliance with handover requirements

6. Appendix B - Benefits Summary: Summary of any continuing benefits or insurance coverage

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



































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Relevant Industries

Financial Services

Technology

Healthcare

Manufacturing

Retail

Professional Services

Education

Mining

Construction

Hospitality

Transportation

Agriculture

Government

Non-profit

Telecommunications

Relevant Teams

Human Resources

Legal

People & Culture

Compliance

Industrial Relations

Operations

Executive Leadership

Administration

Relevant Roles

HR Manager

HR Director

Legal Counsel

Employment Lawyer

HR Business Partner

HR Administrator

Hiring Manager

Department Manager

Regional Manager

Managing Director

CEO

COO

Operations Manager

Office Manager

People & Culture Manager

Compliance Officer

Industrial Relations Manager

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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