Termination Without Cause Contract Template for Australia

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Key Requirements PROMPT example:

Termination Without Cause Contract

"I need a Termination Without Cause Contract template for our upcoming corporate restructure in March 2025, which will affect 15 employees across our Sydney and Melbourne offices, with provisions for outplacement services and graduated notice periods based on length of service."

Document background

The Termination Without Cause Contract is essential for Australian businesses needing to end employment relationships where no specific misconduct or performance issues are cited as the reason for termination. This document type is commonly used during organizational restructures, strategic changes, or when the employment relationship is no longer commercially viable. It must comply with Australian employment law, particularly the Fair Work Act 2009, and includes crucial elements such as notice periods, final entitlements calculations, and post-employment obligations. The contract helps protect both employer and employee interests by clearly documenting the termination terms, ensuring all statutory obligations are met, and minimizing the risk of future disputes. It's particularly important in the Australian context where specific notice periods, redundancy payments, and other entitlements are strictly regulated.

Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including full legal names and relevant details of both employer and employee

2. Background: Provides context about the employment relationship and the decision to terminate without cause

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Termination Date: Specifies the effective date of employment termination and last working day

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

6. Final Payment: Outlines all payments due to the employee, including salary, accrued leave, and other entitlements

7. Return of Company Property: Lists all company property to be returned and the process for return

8. Confidentiality Obligations: Confirms ongoing confidentiality obligations post-employment

9. Post-Employment Obligations: Specifies continuing obligations such as non-disparagement and intellectual property rights

10. Release and Waiver: Mutual release of claims between parties

11. Governing Law: Specifies that Australian law governs the agreement and identifies relevant jurisdiction

12. Execution: Signature blocks and execution requirements for all parties

Optional Sections

1. Garden Leave: Used when the employee will be paid but not required to work during the notice period

2. Ex Gratia Payment: Included when offering additional payments beyond statutory requirements

3. References: Details about the provision of employment references and their format

4. Outplacement Support: Included when the employer is offering career transition services

5. Non-Compete Clauses: Used when requiring post-employment competitive restrictions

6. Benefits Continuation: Details any benefits that will continue post-employment

7. Legal Advice: Acknowledgment that the employee has had the opportunity to seek independent legal advice

8. Transitional Arrangements: Used when specific handover or transition periods are required

Suggested Schedules

1. Schedule A - Final Payment Calculation: Detailed breakdown of all final payments including base salary, leave entitlements, and any additional payments

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

3. Schedule C - Continuing Obligations: Detailed list of specific ongoing obligations post-employment

4. Appendix 1 - Statutory Entitlements: Summary of relevant statutory entitlements under Australian law

5. Appendix 2 - Handover Checklist: Detailed list of tasks and responsibilities to be handed over

6. Appendix 3 - Reference Template: Standard format for employment references if agreed to be provided

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Professional Services

Financial Services

Information Technology

Manufacturing

Retail

Healthcare

Education

Mining

Construction

Telecommunications

Hospitality

Transport and Logistics

Media and Entertainment

Real Estate

Agriculture

Relevant Teams

Human Resources

Legal

People and Culture

Employee Relations

Compliance

Senior Management

Corporate Services

Operations

Administration

Relevant Roles

Human Resources Manager

HR Director

Legal Counsel

Employment Lawyer

HR Business Partner

Chief Human Resources Officer

HR Operations Manager

People and Culture Manager

Talent Management Director

Employee Relations Manager

HR Compliance Officer

General Manager

Department Head

Chief Executive Officer

Managing Director

Find the exact document you need

Deed Of Mutual Termination

An Australian law-governed deed that formally documents the mutual agreement between parties to terminate an existing contract, including terms of release and settlement.

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Let's create your Termination Without Cause Contract

Authors

Alex Denne

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