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Release Of Claims Form Employment Termination

Release Of Claims Form Employment Termination Template for Australia

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Key Requirements PROMPT example:

Release Of Claims Form Employment Termination

"I need a Release of Claims Form Employment Termination for a senior executive departing due to redundancy effective March 15, 2025, including provisions for ongoing cooperation in pending litigation and a mutual non-disparagement clause."

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Document background
The Release of Claims Form Employment Termination is a crucial document used in Australian employment law when concluding an employment relationship and settling any potential claims between the parties. It is typically used following negotiations for a mutual separation or redundancy, or to resolve disputed terminations. The document serves to provide certainty to both parties by documenting the terms of settlement and preventing future legal claims. It must comply with Australian employment law requirements, including the Fair Work Act 2009 (Cth) and various anti-discrimination legislation. The document typically includes details of settlement payments, comprehensive releases of claims, confidentiality provisions, and acknowledgments that the employee has received independent legal advice. It's particularly important in situations involving senior employees, redundancies, or where there are potential disputes.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and relevant identifiers

2. Background: Brief statement of employment history, termination context, and purpose of the release

3. Definitions: Key terms used in the agreement, including 'Claims', 'Released Parties', 'Effective Date', etc.

4. Consideration: Details of the settlement payment or other benefits being provided in exchange for the release

5. Release and Waiver: Comprehensive description of claims being released, including statutory and common law claims

6. Employee Acknowledgments: Statements confirming the employee understands their rights, has had time to consider the agreement, and has received legal advice

7. Tax Treatment: Clarification of tax implications and responsibilities for any payments made

8. Non-Admission: Statement that the agreement does not constitute admission of liability by either party

9. Governing Law: Specification that Australian law governs the agreement

10. Execution: Signature blocks and dating provisions

Optional Sections

1. Confidentiality: Terms requiring confidentiality of the settlement terms and circumstances - include when confidentiality is specifically requested

2. Non-Disparagement: Mutual or one-way obligations not to make negative statements - include for senior employees or sensitive departures

3. Ongoing Obligations: Reference to continuing obligations such as intellectual property protection - include when relevant to employee's role

4. Return of Property: Requirements for returning company property - include when employee had access to significant company assets

5. Future Cooperation: Terms requiring employee assistance in future matters - include for management roles or potential litigation

6. Reference: Terms regarding future employment references - include when agreed as part of settlement

7. Revocation Period: Period during which employee can revoke acceptance - include for older employees under age discrimination considerations

8. Mutual Release: Employer's release of claims against employee - include when specifically negotiated

Suggested Schedules

1. Schedule A - Payment Details: Itemized breakdown of all payments, including statutory entitlements, ex-gratia payments, and timing

2. Schedule B - Company Property: List of company property to be returned, if applicable

3. Schedule C - Continuing Obligations: Details of any ongoing obligations from the employment contract that survive termination

4. Appendix 1 - Legal Advice Certificate: Certificate from employee's legal representative confirming independent advice was provided

5. Appendix 2 - Statutory Declaration: Employee's statutory declaration regarding return of company property and confidential information, if required

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Professional Services

Financial Services

Technology

Manufacturing

Retail

Healthcare

Education

Mining

Construction

Hospitality

Telecommunications

Transportation

Agriculture

Energy

Government

Relevant Teams

Human Resources

Legal

Executive Leadership

People and Culture

Compliance

Industrial Relations

Finance

Operations

Company Secretariat

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Chief Executive Officer

Managing Director

Department Manager

HR Business Partner

Compliance Officer

Industrial Relations Manager

People and Culture Manager

Operations Manager

Chief Financial Officer

Regional Manager

General Manager

Company Secretary

Industries
Fair Work Act 2009 (Cth): Primary federal legislation governing employment relationships, including termination of employment, unfair dismissal, general protections, and workplace rights
Age Discrimination Act 2004 (Cth): Protects against age discrimination in employment and must be considered in release agreements to ensure valid waiver of age-related claims
Sex Discrimination Act 1984 (Cth): Addresses discrimination based on gender, marital status, and related grounds which must be specifically addressed in release agreements
Disability Discrimination Act 1992 (Cth): Protects against discrimination based on disability and must be considered in release agreements
Privacy Act 1988 (Cth): Governs the handling of personal information and confidentiality provisions in release agreements
Superannuation Guarantee (Administration) Act 1992 (Cth): Ensures proper payment of superannuation entitlements which must be addressed in termination settlements
Work Health and Safety Act 2011 (Cth): Covers workplace safety obligations and potential claims that may need to be addressed in the release
Competition and Consumer Act 2010 (Cth) Schedule 2 - Australian Consumer Law: Contains provisions about misleading and deceptive conduct which may affect the validity of release agreements
Income Tax Assessment Act 1997 (Cth): Governs taxation of termination payments and must be considered in structuring settlement amounts
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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