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At Will Termination Letter for Australia

At Will Termination Letter Template for Australia

A formal employment termination letter template designed for use in Australia, compliant with the Fair Work Act 2009 and related employment legislation. This document provides a structured format for employers to formally communicate the termination of employment, including essential information about final pay, entitlements, and post-employment obligations. The template incorporates necessary elements to ensure compliance with Australian employment law requirements, including notice periods, final entitlements, and proper handling of sensitive information. It serves as a critical document in formalizing the end of the employment relationship while maintaining professional standards and legal compliance.

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What is a At Will Termination Letter?

The At Will Termination Letter Template is designed specifically for the Australian employment context, noting that true "at-will" employment does not exist in Australia as it does in other jurisdictions like the United States. This document serves as a crucial tool for employers when terminating employment relationships, ensuring compliance with the Fair Work Act 2009 and other relevant Australian employment legislation. The template is structured to include all necessary components required by Australian law, including notice periods, final entitlements, and statutory obligations. While called an At Will Termination Letter Template, it incorporates appropriate protections and requirements specific to Australian employment law, making it suitable for various termination scenarios while maintaining legal compliance and professional standards. The document should be customized based on specific circumstances, employment contracts, and applicable awards or enterprise agreements.

What sections should be included in a At Will Termination Letter?

1. Date and Address Block: Current date and full contact details of both employer and employee

2. Subject Line: Clear indication that this is a termination of employment notice

3. Opening Statement: Direct statement confirming the termination of employment

4. Termination Details: Specific date of termination and whether notice period applies

5. Final Pay Information: Details of final salary, accrued leave, and other entitlements

6. Company Property: List of company property to be returned and process for return

7. Closing Statement: Professional conclusion with contact information for questions

8. Signature Block: Space for employer signature and title

What sections are optional to include in a At Will Termination Letter?

1. Reason for Termination: Include only if legally required or if providing context for a with-cause termination

2. Garden Leave: Include if employee is being placed on garden leave during notice period

3. Continuing Obligations: Reference to ongoing confidentiality or other post-employment obligations

4. Outplacement Support: Include if company is offering career transition services

5. Reference Provision: Include if specifying the type of reference that will be provided

6. Release Agreement Reference: Include if termination is part of a broader separation agreement

7. Benefits Continuation: Include if there are any benefits extending beyond termination date

What schedules should be included in a At Will Termination Letter?

1. Final Entitlements Schedule: Detailed breakdown of all final payments including salary, leave, and other entitlements

2. Company Property Checklist: Itemized list of company property to be returned

3. Post-Employment Obligations Summary: Summary of continuing obligations such as confidentiality and non-compete terms

4. Employee Benefits Summary: Details of any benefits and their treatment post-termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Cancellation Letter

Sector

Sales

Cost

Free to use

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