Free Employee Waiver And Release Form - New Zealand

Employee Waiver And Release Form for New Zealand

Employee Waiver And Release Form Template for New Zealand

A comprehensive legal document used in New Zealand employment contexts to formalize the release of claims and potential claims between an employer and employee, typically used in employment termination or dispute resolution scenarios. The document outlines the terms under which an employee agrees to waive certain rights to bring claims against their employer, in exchange for specified consideration, while ensuring compliance with New Zealand employment law, including the Employment Relations Act 2000 and other relevant legislation. It includes essential provisions for consideration, scope of release, exceptions for non-waivable statutory rights, and necessary acknowledgments.

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What is a Employee Waiver And Release Form?

The Employee Waiver And Release Form is a crucial document in New Zealand employment law, typically utilized during employment termination, redundancy, or settlement of employment disputes. It serves to document the mutual agreement between employer and employee regarding the release of potential claims, while ensuring compliance with New Zealand's employment legislation, including the Employment Relations Act 2000, Human Rights Act 1993, and Privacy Act 2020. The document is designed to protect both parties' interests by clearly outlining the terms of release, consideration provided, and any retained rights, while maintaining the principle of good faith that is fundamental to New Zealand employment relationships. It's particularly important in scenarios involving severance packages, dispute settlements, or voluntary departure arrangements.

What sections should be included in a Employee Waiver And Release Form?

1. Parties: Identifies the employer and employee, including full legal names and relevant contact details

2. Background: Sets out the context of the employment relationship and circumstances leading to the waiver and release

3. Definitions: Defines key terms used throughout the document, including 'Claims', 'Released Parties', and other relevant terms

4. Consideration: Details the consideration being provided in exchange for the release (e.g., settlement payment, benefits)

5. Scope of Release: Clearly specifies what claims and rights are being waived and released

6. Exceptions and Reservations: Identifies rights that cannot be waived under NZ law and are explicitly reserved

7. Employee Acknowledgments: Employee's confirmation of understanding, voluntary nature of agreement, and opportunity to seek independent advice

8. Confidentiality: Requirements regarding confidentiality of the agreement and its terms

9. Non-Admission: Statement that the agreement does not constitute admission of liability

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

11. Execution: Signature blocks and execution requirements

What sections are optional to include in a Employee Waiver And Release Form?

1. Return of Company Property: Include when employee needs to return specific company assets or documents

2. Non-Disparagement: Include when parties agree not to make negative statements about each other

3. Ongoing Obligations: Include when certain obligations (like intellectual property protection) continue post-employment

4. Reference Provision: Include when agreement includes terms about future employment references

5. Tax Indemnity: Include when payment arrangements have tax implications requiring clarification

6. Remedies for Breach: Include when specific remedies for breach need to be outlined

7. Surviving Claims: Include when certain claims or rights need to be explicitly preserved

What schedules should be included in a Employee Waiver And Release Form?

1. Schedule 1 - Payment Details: Detailed breakdown of any settlement payments, including timing and method

2. Schedule 2 - Released Claims: Specific list of claims being released, if not fully covered in main document

3. Schedule 3 - Company Property: Itemized list of company property to be returned, if applicable

4. Appendix A - Independent Advice Certificate: Certificate from legal advisor confirming independent advice was given

5. Appendix B - Resignation Letter: Template or copy of resignation letter if part of agreement

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

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What is a Employee Waiver And Release Form?

What sections should be included in a Employee Waiver And Release Form?

What sections are optional to include in a Employee Waiver And Release Form?

What schedules should be included in a Employee Waiver And Release Form?

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Alex Denne

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