The Offer Letter Rescinded document is a critical tool in Australian employment practice when an organization needs to formally withdraw an employment offer before the candidate has commenced employment. This document becomes necessary in various situations, such as when business circumstances change unexpectedly, when pre-employment checks fail, or when material misrepresentation is discovered. Operating within the framework of Australian employment law, including the Fair Work Act 2009 and relevant state legislation, this document must carefully balance legal compliance with professional courtesy. It typically includes the reason for rescission, handles any existing commitments or expenses, and manages potential legal risks. The document should be used promptly once the decision to rescind is made, and must be handled with appropriate sensitivity given its potential impact on both the organization's reputation and the candidate's circumstances.
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1. Letter Header: Company letterhead, date, recipient's full name and address
2. Reference Line: Clear reference to the original offer letter including its date
3. Opening Statement: Direct statement indicating the rescission of the offer
4. Basis for Rescission: Clear explanation of the legitimate business reasons for withdrawing the offer
5. Legal Authority: Reference to relevant clause in original offer letter or legal basis for rescission
6. Next Steps: Clear statement about the finality of the decision and any immediate actions required
7. Closing: Professional closing with appropriate signatory details
1. Reimbursement Details: Include when the candidate has incurred documented expenses based on the offer
2. Alternative Positions: Include when the company wishes to maintain a relationship and can offer alternative roles
3. Return of Materials: Include when company materials or equipment have already been provided
4. Confidentiality Reminder: Include when sensitive information was shared during the offer process
5. Expression of Regret: Include when maintaining goodwill is particularly important and the rescission is due to circumstances beyond anyone's control
1. Copy of Original Offer Letter: Attach the original offer letter for reference
2. Documentation of Cause: If applicable, documentation supporting the reason for rescission (e.g., failed background check results, proof of misrepresentation)
3. Expense Reimbursement Form: If applicable, form for claiming legitimate expenses incurred
4. Previous Communications Log: If relevant, chronological record of key communications regarding the offer and any conditions
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