The Resignation Settlement Agreement is a crucial document used in Australian employment law contexts when an employee and employer mutually agree to formalize the terms of a voluntary resignation. This document is particularly relevant when parties wish to ensure a clean break and prevent future disputes by clearly documenting the agreed terms of separation. It typically becomes necessary when the resignation involves a settlement payment beyond standard entitlements, contains specific post-employment obligations, or requires formal documentation of agreed terms. The agreement must comply with Australian federal employment legislation, including the Fair Work Act 2009, and relevant state laws. It serves to protect both parties' interests by clearly outlining financial settlements, confidentiality requirements, mutual releases, and any ongoing obligations, while ensuring all terms are legally enforceable under Australian law.
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1. Parties: Identifies the employer and employee who are entering into the agreement
2. Background: Sets out the context of the employment relationship, resignation decision, and agreement to settle
3. Definitions: Defines key terms used throughout the agreement
4. Effective Date and Resignation: Specifies the employee's last day of employment and confirms the resignation
5. Settlement Payments: Details the agreed settlement amount and component breakdown
6. Taxation and Superannuation: Addresses tax treatment of payments and superannuation obligations
7. Release and Waiver: Mutual release of claims between parties
8. Confidentiality: Obligations regarding confidentiality of the agreement and company information
9. Return of Company Property: Requirements for returning company assets and information
10. Continuing Obligations: Ongoing obligations that survive termination of employment
11. Entire Agreement: Confirms this document represents the complete agreement between parties
12. Governing Law: Specifies Australian law as governing law and relevant jurisdiction
13. Execution: Signature blocks and execution requirements
1. Post-Employment Restrictions: Non-compete and non-solicitation clauses, used when protecting business interests is crucial
2. Reference: Terms regarding future employment references, used when agreed as part of settlement
3. Outplacement Support: Details of any career transition services offered, used when part of settlement package
4. Internal/External Communications: Agreed statements about the departure, used when public/internal announcement needed
5. Equity/Share Rights: Treatment of outstanding share rights or options, used when employee has equity components
6. Medical Benefits: Continuation of health benefits if applicable, used when part of settlement package
7. Legal Costs: Agreement on payment of legal costs, used when employer agrees to cover employee's legal fees
8. Mutual Non-Disparagement: Agreement not to make negative statements, used in sensitive departures
9. Future Cooperation: Terms for assistance in handover or future inquiries, used when ongoing cooperation needed
1. Schedule 1 - Payment Calculations: Detailed breakdown of settlement payment components including statutory entitlements
2. Schedule 2 - Company Property Register: List of company property to be returned
3. Schedule 3 - Continuing Obligations: Detailed list of surviving clauses from employment contract
4. Appendix A - Deed of Release: Formal release of claims document
5. Appendix B - Certificate of Independent Legal Advice: Confirmation that employee received independent legal advice
6. Appendix C - Agreed Reference: Template of agreed employment reference if applicable
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Healthcare
Manufacturing
Retail
Professional Services
Education
Mining and Resources
Construction
Telecommunications
Media and Entertainment
Government and Public Sector
Non-Profit
Agriculture
Transport and Logistics
Relevant Teams
Human Resources
Legal
Finance
Executive Leadership
Operations
Sales
Marketing
Information Technology
Research and Development
Customer Service
Administration
Business Development
Compliance
Risk Management
Procurement
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Senior Manager
Department Head
Project Manager
Technical Lead
Sales Director
Account Manager
Senior Engineer
Research Scientist
Financial Controller
Operations Manager
Human Resources Director
Marketing Manager
Legal Counsel
Executive Assistant
Business Development Manager
Regional Manager
Product Manager
General Manager
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