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.
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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
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
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
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