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Notice Of Intent To Terminate for Australia

Notice Of Intent To Terminate Template for Australia

A Notice of Intent to Terminate is a formal employment document used in Australia to officially communicate an employer's intention to end an employment relationship. This document must comply with the Fair Work Act 2009 and other relevant Australian employment legislation, including appropriate notice periods and procedural fairness requirements. It serves as a legally binding notification that outlines the intended termination date, reasons for termination, notice period details, and final entitlements, while ensuring all communications meet Australian legal standards for employment termination.

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Notice Of Intent To Terminate

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What is a Notice Of Intent To Terminate?

The Notice of Intent to Terminate is a crucial document in Australian employment law that serves as the formal precursor to employment termination. It is used when an employer has made the decision to end an employment relationship and must provide formal written notice in accordance with the Fair Work Act 2009 and other relevant legislation. This document is essential for ensuring procedural fairness and legal compliance in the termination process, protecting both employer and employee interests. It typically includes specific information about notice periods, reasons for termination, final entitlements, and next steps, while adhering to the minimum notice requirements under Australian employment law. The notice must be carefully drafted to avoid potential unfair dismissal claims and ensure all legal obligations are met.

What sections should be included in a Notice Of Intent To Terminate?

1. Letterhead and Date: Company letterhead including full legal name, ABN, address, and current date

2. Recipient Details: Employee's full name, position title, and address

3. Subject Line: Clear indication that this is a Notice of Intent to Terminate Employment

4. Formal Opening: Professional greeting and employee acknowledgment

5. Notice of Intent Statement: Clear statement of the company's intention to terminate employment

6. Effective Date: Specific date when the employment will terminate, accounting for required notice periods

7. Reason for Termination: Brief, clear explanation of the grounds for termination

8. Notice Period Details: Specification of the notice period and how it will be served

9. Final Payment Information: Overview of final pay, including outstanding wages, leave entitlements, and other payments

10. Company Property: List of company property to be returned and by when

11. Closing Statement: Professional closing including any next steps and contact information

12. Signature Block: Authorized signatory details including name, position, and signature

What sections are optional to include in a Notice Of Intent To Terminate?

1. Redundancy Payment Details: Include when termination is due to redundancy, outlining redundancy pay calculations

2. Performance History Summary: Include when termination is performance-related, summarizing key performance issues and previous warnings

3. Outplacement Support: Include when the company is offering career transition services

4. Non-Compete Reminder: Include when employee is bound by existing non-compete or restraint of trade provisions

5. Confidentiality Obligations: Include when emphasizing ongoing confidentiality requirements post-employment

6. Garden Leave Provisions: Include when the employee will be placed on garden leave during the notice period

7. Transition Plan: Include when specific handover requirements need to be documented

What schedules should be included in a Notice Of Intent To Terminate?

1. Schedule A - Final Payment Calculation: Detailed breakdown of all final payments including leave entitlements, notice period payments, and any other entitlements

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

3. Schedule C - Handover Requirements: Detailed list of tasks, projects, and responsibilities requiring handover

4. Appendix 1 - Relevant Workplace Policies: Copies of relevant workplace policies regarding termination and final duties

5. Appendix 2 - Employee Entitlements Summary: Summary of all applicable entitlements under relevant awards or enterprise agreements

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

Jurisdiction

Australia

Publisher

Genie AI

Cost

Free to use
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Relevant Industries

Financial Services

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Senior Management

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Chief Executive Officer

Human Resources Director

HR Manager

Legal Counsel

Department Manager

Line Manager

Business Unit Head

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Compliance Officer

Industrial Relations Manager

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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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