Mutual Severance Agreement Template for Australia

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Key Requirements PROMPT example:

Mutual Severance Agreement

"I need a Mutual Severance Agreement for a senior technology executive in Sydney, with special attention to intellectual property protection and ongoing consultancy arrangements for knowledge transfer until March 2025."

Document background
The Mutual Severance Agreement is a crucial document used in Australian employment law contexts when an employer and employee agree to end their employment relationship on mutually acceptable terms. This document is particularly relevant in situations involving senior executives, corporate restructuring, or when both parties seek an amicable separation with clearly defined terms. The agreement comprehensively addresses severance payments, statutory entitlements, confidentiality provisions, and mutual releases, while ensuring compliance with Australian employment laws, including the Fair Work Act 2009, tax legislation, and superannuation requirements. It serves to protect both parties' interests and minimize the risk of future disputes by clearly documenting all agreed terms of the separation.
Suggested Sections

1. Parties: Identification of the employer and employee entering into the agreement

2. Background: Context of the employment relationship and circumstances leading to the severance agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Termination Date: Specific date and circumstances of employment termination

5. Severance Payment: Details of the severance package, including amounts, payment method, and timing

6. Statutory Entitlements: Overview of statutory entitlements including annual leave, long service leave, and other accrued benefits

7. Tax Treatment: Explanation of how various payments will be treated for tax purposes

8. Mutual Release: Mutual release of claims between employer and employee

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Return of Company Property: Requirements and timeline for returning company property

11. Execution: Signing provisions and attestation

Optional Sections

1. Non-Disparagement: Mutual obligations not to make negative statements about each other

2. Ongoing Cooperation: Terms for employee assistance in transition or future matters

3. References: Agreement on the handling of future employment references

4. Post-Employment Restrictions: Non-compete and non-solicitation provisions if applicable

5. Outplacement Services: Details of any career transition support provided

6. Medical Benefits: Continuation of health benefits if applicable

7. Legal Advice: Acknowledgment of independent legal advice received

8. Intellectual Property: Ongoing obligations regarding IP created during employment

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of all payments including severance, statutory entitlements, and other benefits

2. Schedule B - Company Property: Itemized list of company property to be returned

3. Schedule C - Confidential Information: Specific details of confidential information covered by the agreement

4. Appendix 1 - Deed of Release: Formal release of claims document

5. Appendix 2 - Certificate of Independent Legal Advice: Confirmation of legal advice received by the employee

6. Appendix 3 - Resignation Letter: Template or copy of formal resignation letter if applicable

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Education

Mining

Retail

Construction

Telecommunications

Media and Entertainment

Energy and Utilities

Relevant Teams

Human Resources

Legal

Executive Management

Finance

Operations

Compliance

Industrial Relations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Senior Executive

Department Head

General Manager

Regional Manager

Senior Manager

Human Resources Director

Legal Counsel

Operations Director

Division Head

Managing Director

Project Director

Senior Consultant

Principal

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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