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Severance Contract Template for Australia

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Key Requirements PROMPT example:

Severance Contract

"I need a Severance Contract for a senior software developer who is being made redundant due to operational restructuring, with a 3-month notice period starting March 1, 2025, including standard non-compete provisions and accelerated vesting of share options."

Document background
A Severance Contract is a crucial document used in Australian employment relations when terminating employment relationships, particularly in cases of redundancy, mutual separation, or negotiated exits. This agreement is designed to comply with Australian federal and state employment laws, including the Fair Work Act 2009 and relevant state legislation. It is typically used when an employer wishes to provide a formal framework for employment termination that includes additional benefits beyond statutory minimums, while securing certain protections such as confidentiality and release of claims. The document comprehensively addresses payment terms, timing, tax implications, ongoing obligations, and mutual releases, providing clarity and certainty for both parties while minimizing the risk of future disputes.
Suggested Sections

1. Parties: Identifies the employer and employee entering into the agreement

2. Background: Sets out the context of the employment relationship and reason for separation

3. Definitions: Defines key terms used throughout the agreement

4. Termination Date: Specifies the official end date of employment

5. Severance Payment: Details the severance amount, calculation method, and payment timing

6. Other Entitlements: Lists other payments such as accrued leave, outstanding wages, and superannuation

7. Tax Treatment: Explains tax handling of various payment components

8. Release and Waiver: Mutual release of claims between parties

9. Confidentiality: Ongoing confidentiality obligations regarding company information

10. Return of Property: Requirements for returning company property

11. References: Agreement on handling of employment references

12. General Provisions: Standard legal provisions including governing law, entire agreement, and amendments

Optional Sections

1. Restraint of Trade: Non-compete and non-solicitation provisions, used when protecting business interests is crucial

2. Intellectual Property: Provisions for IP created during employment, used when IP is significant to the role

3. Equity/Shares: Treatment of any share-based compensation, used when employee has equity arrangements

4. Ongoing Assistance: Terms for transition support or future assistance, used when handover is complex

5. Garden Leave: Terms of any garden leave period, used when immediate departure is not desired

6. Medical Benefits: Continuation of health benefits if applicable, used for senior executives

7. Outplacement Services: Details of career transition support, used in redundancy situations

8. Directors Resignation: Required for employees who held director positions

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of severance payment calculation

2. Schedule 2 - Company Property: Itemized list of company property to be returned

3. Schedule 3 - Restraint Provisions: Detailed terms of restraint including geographical areas and time periods

4. Schedule 4 - Final Release Deed: Formal deed of release to be signed upon payment

5. Schedule 5 - Statutory Declaration: Employee declaration regarding return of property and compliance

6. Schedule 6 - Communications Plan: Agreed internal and external communications regarding departure

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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