The Resignation Agreement and General Release is a crucial document in Australian employment law, used when an employee voluntarily terminates their employment relationship with their employer. It serves as a comprehensive settlement document that protects both parties' interests by clearly defining the terms of separation, including all financial entitlements, ongoing obligations, and mutual releases. This agreement is particularly important in situations where a clean break is desired, or where there are complex entitlements to be settled. It must comply with Australian federal legislation, including the Fair Work Act 2009, as well as relevant state laws, and typically includes provisions for final payments, treatment of benefits, confidentiality requirements, and release of potential claims. The document is especially valuable in managing senior executive departures or sensitive employment separations where clarity and legal certainty are paramount.
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1. Parties: Identification of the employer and employee entering into the agreement
2. Background: Context of the employment relationship and reason for the resignation agreement
3. Definitions: Key terms used throughout the agreement
4. Effective Date of Resignation: Specifies the employee's last day of employment
5. Final Payment and Entitlements: Details of all payments including salary, leave entitlements, and other benefits
6. Release of Claims: Mutual release of claims between parties, specifying what claims are being waived
7. Confidentiality Obligations: Ongoing obligations regarding confidential information
8. Return of Company Property: Requirements and timeline for returning all company assets and materials
9. Tax Matters: Acknowledgment of tax obligations and responsibilities
10. General Provisions: Standard clauses including governing law, entire agreement, and severability
11. Execution: Signature blocks and execution details
1. Non-Disparagement: Mutual obligations not to make negative statements about each other, used in sensitive departures
2. Post-Employment Restrictions: Non-compete and non-solicitation provisions, included when protecting business interests is crucial
3. Reference and Announcements: Terms regarding future employment references and how the departure will be communicated, used for senior roles
4. Outplacement Services: Details of any career transition support provided, included when part of the separation package
5. Ongoing Cooperation: Terms for assistance with transition or future matters, important for key personnel
6. Equity/Share Rights: Treatment of any share options or equity rights, needed when employee has share-based compensation
7. Legal Advice: Acknowledgment of receiving independent legal advice, recommended for complex agreements
8. Survival of Benefits: Specification of any benefits that continue post-employment, used when continuing certain benefits
1. Schedule A - Final Payment Calculation: Detailed breakdown of all final payments including salary, leave, and other entitlements
2. Schedule B - Company Property Register: List of all company property to be returned
3. Schedule C - Continuing Obligations: Details of any ongoing obligations from the original employment contract that survive termination
4. Schedule D - Benefits Summary: Summary of any continuing benefits or special arrangements
5. Appendix 1 - Deed of Release: Formal release deed if required under local law
6. Appendix 2 - Certificate of Independent Legal Advice: Confirmation of legal advice received by the employee
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Manufacturing
Retail
Healthcare
Professional Services
Mining and Resources
Education
Construction
Telecommunications
Government
Non-Profit
Media and Entertainment
Transportation and Logistics
Relevant Teams
Human Resources
Legal
Finance
Executive Leadership
Operations
Sales
Marketing
Information Technology
Research and Development
Administration
Customer Service
Product Development
Corporate Affairs
Risk and Compliance
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Senior Manager
Department Head
Project Manager
Sales Director
Human Resources Manager
Technical Lead
Operations Manager
Account Executive
Research Scientist
Senior Engineer
Marketing Manager
Financial Controller
Business Development Manager
Regional Manager
Executive Assistant
Product Manager
Legal Counsel
General Manager
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