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Mutual Consent Termination
"I need a Mutual Consent Termination agreement for a departing software developer in New Zealand who will finish up on March 15, 2025, with standard confidentiality provisions and final payment terms."
1. Parties: Identifies and defines the parties to the agreement, including full legal names and designations
2. Background: Outlines the existing employment relationship, original employment agreement details, and mutual desire to terminate
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the effective date of employment termination
5. Final Payment: Details the final salary, holiday pay, and any other entitlements to be paid
6. Mutual Release: Contains mutual releases from claims and obligations, subject to terms of the agreement
7. Confidentiality: Confirms ongoing confidentiality obligations post-termination
8. Return of Property: Requires return of company property and documents
9. Tax Treatment: Addresses tax implications of payments under the agreement
10. Entire Agreement: Confirms this agreement supersedes all prior agreements regarding termination
11. Governing Law: Specifies New Zealand law as governing law
12. Execution: Signature blocks and execution details
1. Reference Letter: Terms regarding the provision of a reference letter, used when agreed as part of the termination package
2. Non-Disparagement: Mutual obligations not to make disparaging statements, included when reputation protection is important
3. Ongoing Cooperation: Requirements for employee assistance in handover or future queries, used when knowledge transfer is crucial
4. Garden Leave: Terms of any garden leave period before final termination, if applicable
5. Post-Termination Restrictions: Reaffirmation of any post-employment restrictions, if existing in original contract
6. Medical/Insurance Benefits: Continuation or termination of benefits, if applicable
7. Share Options/Awards: Treatment of any share schemes or long-term incentives, if applicable
8. Legal Advice: Acknowledgment of opportunity to seek independent legal advice, recommended for senior employees
1. Schedule 1 - Payment Calculation: Detailed breakdown of final payment including salary, holiday pay, and other entitlements
2. Schedule 2 - Company Property: Itemized list of company property to be returned
3. Schedule 3 - Continuing Obligations: Details of any ongoing obligations from the original employment agreement that survive termination
4. Appendix A - Reference Letter: Agreed form of reference letter, if applicable
5. Appendix B - Handover Plan: Detailed plan for transitioning responsibilities, if applicable
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Technology
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Telecommunications
Media
Transport and Logistics
Energy
Human Resources
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Compliance
Risk Management
Senior Management
Operations
Administration
Corporate Services
People & Culture
Employee Relations
HR Director
HR Manager
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HR Business Partner
Hiring Manager
Department Head
Chief Executive Officer
Chief Human Resources Officer
Operations Manager
General Manager
Company Secretary
Compliance Officer
Risk Manager
Department Manager
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