The Resignation And Termination document is a crucial legal instrument used in Australian workplaces to formalize the end of an employment relationship, whether through voluntary resignation or employer-initiated termination. It serves as a comprehensive record of the separation terms, incorporating requirements from the Fair Work Act 2009 and other relevant Australian employment legislation. This document is essential for protecting both employer and employee interests, ensuring clear communication of final entitlements, notice periods, and ongoing obligations. It should be used whenever an employment relationship is ending to ensure proper documentation of the separation process, final payments, and any post-employment obligations. The document can be customized based on the employment level, industry-specific requirements, and particular circumstances of the separation, while maintaining compliance with Australian employment law.
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1. Date and Address Details: Employee and employer details, including addresses and position title
2. Notice of Resignation/Termination: Clear statement of resignation or termination, including effective date
3. Notice Period: Specification of notice period and last working day
4. Final Payment Details: Outline of final salary, accrued leave, and other entitlements
5. Company Property: List of company property to be returned and process for return
6. Ongoing Obligations: Reference to continuing confidentiality and intellectual property obligations
7. Employee Benefits Cessation: Details of when various employee benefits will cease
8. References and Future Employment: Agreement on handling of employment references
9. Acknowledgement: Confirmation of understanding and agreement to terms
10. Execution: Signature blocks for all parties
1. Garden Leave: Used when employee is required to serve notice period away from workplace
2. Non-Compete Clause: For senior employees or those with access to sensitive information
3. Non-Solicitation: Restrictions on approaching company clients or employees
4. Mutual Release: Release of claims between parties, typically used in negotiated exits
5. Handover Requirements: Detailed handover process for key positions
6. Post-Employment Assistance: Terms for providing assistance with transition or specific matters after departure
7. Settlement Terms: Used when termination includes additional payment or settlement
8. Redundancy Package: Details of redundancy payment and benefits if applicable
1. Schedule A - Final Payment Calculation: Detailed breakdown of final payment including leave entitlements
2. Schedule B - Company Property List: Itemized list of company property to be returned
3. Schedule C - Continuing Obligations: Detailed list of ongoing obligations post-employment
4. Appendix 1 - Handover Document: Template or checklist for handover of responsibilities
5. Appendix 2 - Reference Letter: Standard format of reference letter if agreed
6. Appendix 3 - Confidential Information: Definition and examples of confidential information to be protected
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Professional Services
Information Technology
Manufacturing
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Healthcare
Education
Financial Services
Construction
Mining
Hospitality
Transportation
Government
Non-Profit
Telecommunications
Agriculture
Media and Entertainment
Relevant Teams
Human Resources
Legal
People Operations
Employee Relations
Payroll
Finance
Compliance
Operations
Executive Leadership
Administration
Relevant Roles
Human Resources Manager
HR Director
People Operations Manager
Employment Relations Manager
HR Business Partner
Legal Counsel
Department Manager
Chief Executive Officer
Managing Director
Chief Human Resources Officer
HR Administrator
Recruitment Manager
Employee Relations Specialist
Payroll Manager
Company Secretary
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