The Standard Termination Agreement is a crucial document used in New Zealand employment law contexts when formally ending an employment relationship by mutual agreement. It provides a comprehensive framework for documenting the terms of separation while ensuring compliance with New Zealand employment legislation, including the Employment Relations Act 2000, Holidays Act 2003, and other relevant statutes. This document is particularly valuable when both parties wish to achieve a clean break and clearly document their obligations and entitlements. The agreement typically includes provisions for final payments, return of property, ongoing obligations, and mutual releases, while being adaptable to various industries and employment situations. It serves as a protective measure for both employers and employees by clearly documenting the agreed terms and helping prevent future disputes.
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1. Parties: Identifies the employer and employee who are parties to the agreement
2. Background: Sets out the context of the employment relationship and the reason for termination
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the effective date of employment termination
5. Final Payment: Details the calculation and components of the final payment, including salary, holiday pay, and other entitlements
6. Return of Company Property: Lists company property to be returned and the process for return
7. Confidentiality: Confirms ongoing confidentiality obligations post-employment
8. Non-Disparagement: Mutual obligations regarding non-disparagement
9. Release of Claims: Mutual release of claims between parties
10. Execution: Signature blocks and execution details
1. Garden Leave: Include when the employee is required to serve garden leave during notice period
2. Post-Employment Restrictions: Include when enforcing existing restraint of trade or non-compete obligations
3. Reference: Include when agreement includes provisions about employment references
4. Outplacement Support: Include when employer is providing career transition services
5. Tax Indemnity: Include when special payments or tax arrangements apply
6. Continuing Obligations: Include when specific obligations from employment agreement continue post-termination
1. Schedule 1 - Final Payment Calculation: Detailed breakdown of final payment components
2. Schedule 2 - Company Property Register: Itemized list of company property to be returned
3. Schedule 3 - Continuing Obligations: Extract of relevant clauses from employment agreement that continue post-termination
4. Appendix A - Settlement and Release Terms: Detailed terms of mutual release and settlement
5. Appendix B - Certificate of Independent Legal Advice: Confirmation that parties received independent legal advice if required
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Professional Services
Financial Services
Technology
Manufacturing
Retail
Healthcare
Education
Construction
Hospitality
Transportation
Mining
Agriculture
Government
Non-Profit
Relevant Teams
Human Resources
Legal
People Operations
Employee Relations
Compliance
Executive Leadership
Administration
Relevant Roles
Human Resources Manager
HR Director
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Employment Relations Manager
HR Business Partner
Chief Human Resources Officer
People Operations Manager
HR Administrator
Talent Manager
Employee Relations Specialist
Chief Executive Officer
Department Manager
Line Manager
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