Non Disparagement Employment Agreement Generator for Australia

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Key Requirements PROMPT example:

Non Disparagement Employment Agreement

"I need a mutual Non Disparagement Employment Agreement for a senior executive in the financial services sector in Sydney, Australia, which will commence from March 1, 2025, and include specific provisions for social media restrictions and post-employment obligations."

Document background
The Non Disparagement Employment Agreement is a specialized employment contract used in Australian workplaces to protect organizational and individual reputations from harmful statements or communications. This document becomes particularly relevant in situations involving senior executives, public-facing roles, or when there's a need to maintain positive relationships post-employment. It outlines specific obligations regarding communications about the employer, related entities, and specified individuals, while carefully balancing these restrictions with legal rights such as whistleblower protections and fair work provisions. The agreement typically includes detailed definitions of disparagement, specific prohibited actions, permitted communications, and consequences of breach, all within the framework of Australian employment law and related legislation.
Suggested Sections

1. Parties: Identifies and defines the employer and employee parties to the agreement

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement, including what constitutes 'disparagement'

4. Duration: Specifies the term of the agreement, including whether it survives employment termination

5. Non-Disparagement Obligations: Details the core mutual obligations regarding non-disparagement, including specific prohibited actions and communications

6. Permitted Communications: Outlines exceptions where communications are allowed, such as legal proceedings or regulatory requirements

7. Social Media and Online Communications: Specific provisions regarding online behavior and social media posts

8. Confidentiality: Provisions regarding the confidential nature of the agreement itself

9. Breach and Remedies: Consequences of breaching the agreement and available remedies

10. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severability

Optional Sections

1. Third Party Coverage: Extends protection to related entities, officers, directors, and other specified individuals - used when broader protection is needed

2. Post-Employment Obligations: Specific provisions for after employment ends - used when agreement needs to survive employment termination

3. Dispute Resolution Process: Detailed procedure for handling disputes - used in high-risk situations or senior executive agreements

4. Mutual vs One-Way Obligations: Specific structure for one-way obligations - used when agreement is intended to bind only one party

5. Return of Company Property: Provisions regarding return of materials containing sensitive information - used when employee has access to significant company property

6. Public Statements: Protocol for making public statements - used for senior positions or public-facing roles

Suggested Schedules

1. Schedule 1 - Protected Parties: List of specific individuals and entities protected by the non-disparagement provisions

2. Schedule 2 - Prohibited Communications: Detailed examples of communications that would constitute breach

3. Schedule 3 - Social Media Platforms: Specific social media platforms and online forums covered by the agreement

4. Appendix A - Acknowledgment Form: Form for employee to acknowledge understanding and acceptance of obligations

5. Appendix B - Reporting Procedures: Procedures for reporting potential breaches or seeking clarification on obligations

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 Industries

Financial Services

Technology

Healthcare

Professional Services

Media and Entertainment

Education

Retail

Manufacturing

Consulting

Government

Non-Profit Organizations

Telecommunications

Relevant Teams

Human Resources

Legal

Public Relations

Marketing

Executive Leadership

Sales

Customer Service

Operations

Finance

Business Development

Communications

Relevant Roles

Chief Executive Officer

Senior Executive

Director

Manager

Public Relations Officer

Human Resources Manager

Sales Representative

Customer Service Representative

Marketing Manager

Department Head

Project Manager

Technical Lead

Financial Controller

Operations Manager

Business Development 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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