The Non Disparagement Employment Agreement is typically implemented in New Zealand employment relationships where protecting organizational reputation is crucial. It is commonly used when onboarding new employees or during employment contract updates, particularly in sensitive positions or public-facing roles. The agreement must comply with New Zealand's employment law framework, including the Employment Relations Act 2000 and Protected Disclosures Act 2022. While protecting the employer's interests, it must maintain employees' rights to raise legitimate grievances, make protected disclosures, and participate in legal proceedings. The document typically includes specific definitions of disparagement, scope of prohibited communications, permitted exceptions, and enforcement mechanisms.
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1. Parties: Identifies the employer and employee entering into the agreement
2. Background: Sets out the context of the agreement, including the employment relationship and purpose of the non-disparagement provisions
3. Definitions: Defines key terms including 'disparagement', 'confidential information', and scope of 'public statements'
4. Duration: Specifies how long the non-disparagement obligations remain in effect, including post-employment period
5. Non-Disparagement Obligations: Details the specific obligations of the employee regarding statements about the employer, its officers, employees, and business
6. Permitted Communications: Specifies exceptions where communications are allowed, such as legal proceedings or regulatory requirements
7. Social Media and Online Communications: Addresses specific obligations regarding social media posts and online communications
8. Breach and Remedies: Outlines consequences of breaching the agreement and available remedies
9. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments
1. Mutual Non-Disparagement: Include when the employer also agrees to non-disparagement obligations toward the employee
2. Consideration: Include when specific consideration is being provided for the non-disparagement obligations
3. Survival Clause: Include when certain obligations need to survive the termination of employment
4. Third Party Rights: Include when protection extends to related entities, officers, or other specified individuals
5. Dispute Resolution: Include when specific dispute resolution procedures are desired before legal action
6. Confidentiality of Agreement: Include when the terms of the agreement itself should remain confidential
1. Schedule 1 - Protected Parties: List of specific individuals and entities protected by the non-disparagement provisions
2. Schedule 2 - Prohibited Communications: Examples of specific types of communications that would constitute disparagement
3. Schedule 3 - Social Media Platforms: List of specific social media platforms and online forums covered by the agreement
4. Appendix A - Acknowledgment Form: Form for employee to acknowledge understanding and acceptance of obligations
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