Employment Termination Agreement Template for New Zealand

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Key Requirements PROMPT example:

Employment Termination Agreement

"I need an Employment Termination Agreement for a senior software developer who has agreed to a mutual separation, with the employment to end on March 15, 2025, including standard confidentiality provisions and an agreed reference letter."

Document background
The Employment Termination Agreement is a crucial document used in New Zealand employment law when formally ending an employment relationship. It serves to protect both employer and employee interests by clearly documenting the agreed terms of separation, whether due to resignation, redundancy, or mutual agreement. This document must comply with New Zealand's Employment Relations Act 2000 and related employment legislation, ensuring fair treatment and proper process. The agreement typically addresses final payments, ongoing obligations, and mutual releases, while providing certainty and closure for both parties. It's particularly important in situations where there might be sensitive issues to address or where a clean break is desired. The document should be customized to reflect specific circumstances while maintaining compliance with New Zealand employment law requirements.
Suggested Sections

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

2. Background: Outlines the context of the employment relationship and the circumstances leading to termination

3. Definitions: Defines key terms used throughout the agreement

4. Termination Date: Specifies the official end date of employment

5. Final Payment: Details the final payment including salary, holiday pay, and other entitlements

6. Company Property: Lists company property to be returned and deadline for return

7. Confidentiality: Confirms ongoing obligations regarding confidential information

8. Non-Disparagement: Mutual agreement not to make derogatory statements about each other

9. Release of Claims: Mutual release of claims between parties

10. Tax Treatment: Clarifies tax treatment of payments

11. Governing Law: Confirms New Zealand law governs the agreement

12. Execution: Signature blocks and date of agreement

Optional Sections

1. Redundancy Payment: Required when termination is due to redundancy, specifying the amount and calculation method

2. Reference: Terms regarding the provision of employment references or statements of service

3. Post-Employment Restrictions: Details any ongoing restraints of trade or non-compete obligations

4. Outplacement Support: Details of any career transition or outplacement services provided

5. Medical Insurance: Arrangements for continuation or termination of medical insurance benefits

6. Share Options/Investment: Treatment of any employee share schemes or investment arrangements

7. Legal Advice: Acknowledgment that the employee has received independent legal advice

8. Garden Leave: Terms of any garden leave period prior to final termination

Suggested Schedules

1. Schedule 1 - Final Payment Calculation: Detailed breakdown of final payment including salary, holiday pay, and other entitlements

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

3. Schedule 3 - Ongoing Obligations: Detailed list of continuing obligations post-employment

4. Appendix A - Employee Benefits Summary: Summary of treatment of various employee benefits upon termination

5. Appendix B - Reference Letter: Agreed form of reference letter or statement of service 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

Clauses
Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Education

Professional Services

Construction

Hospitality

Transportation

Agriculture

Mining

Energy

Telecommunications

Media and Entertainment

Relevant Teams

Human Resources

Legal

Compliance

Executive Leadership

Administration

Corporate Services

Employee Relations

Talent Management

Personnel Management

Relevant Roles

HR Manager

HR Director

Legal Counsel

Employment Lawyer

HR Business Partner

Chief Human Resources Officer

Personnel Manager

Employee Relations Manager

HR Administrator

Compliance Officer

General Manager

Department Manager

Chief Executive Officer

Managing Director

Company Secretary

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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