This Employee Exit NDA is designed for use in Australian jurisdictions when an employee leaves an organization, regardless of the circumstances of their departure (resignation, termination, or mutual agreement). The document should be presented and executed as part of the employee offboarding process, ideally before or on the last day of employment. It covers critical aspects such as the definition and scope of confidential information, duration of confidentiality obligations, requirements for returning company property, and permitted uses of information post-employment. The agreement is structured to comply with Australian federal and state employment laws, including the Fair Work Act 2009, while providing robust protection for the employer's legitimate business interests. It's particularly important for employees who have had access to sensitive information, intellectual property, or strategic business information during their employment.
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1. Parties: Identification of the employer and the departing employee
2. Background: Context of the agreement, including reference to the employment relationship and its termination
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant definitions
4. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
5. Duration of Obligations: Timeframe for which confidentiality obligations remain in effect
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed (e.g., legal requirements, court orders)
7. Return of Confidential Information: Requirements for returning or destroying company materials and information
8. Non-Solicitation: Restrictions on soliciting company employees, clients, or customers
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP created during employment, used when the employee was involved in creative or technical work
2. International Obligations: Additional provisions for employees who worked with international operations or data
3. Third Party Information: Specific obligations regarding information belonging to company clients or partners
4. Post-Employment Assistance: Terms for providing information or assistance after employment ends, particularly relevant for senior roles
5. Social Media and Digital Presence: Specific obligations regarding social media accounts and online professional profiles
6. Survival of Other Obligations: Reference to obligations from the employment agreement that survive termination
1. Schedule 1 - Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Company Property: Inventory of company property to be returned
3. Schedule 3 - Acknowledgment Form: Form for employee to acknowledge return of all company property and information
4. Appendix A - Specific Projects: List of specific projects or initiatives the employee was involved in that contain confidential information
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