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Severance Pay Non Compete Agreement Template for Australia

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Key Requirements PROMPT example:

Severance Pay Non Compete Agreement

"I need a Severance Pay Non Compete Agreement for our departing Chief Technology Officer in the fintech sector, with a 12-month restriction period across Australia and New Zealand, including specific provisions for protecting our proprietary trading algorithms and client database."

Document background
The Severance Pay Non Compete Agreement is a crucial document used when terminating employment relationships where the departing employee has access to sensitive business information, significant client relationships, or valuable intellectual property. This agreement, designed to comply with Australian employment law and common law principles, serves a dual purpose: it provides financial security to the departing employee through structured severance payments while protecting the employer's legitimate business interests through enforceable non-compete provisions. The document is particularly relevant in situations involving senior executives, key sales personnel, or technical experts whose immediate competition could pose a significant risk to the business. It includes detailed provisions for severance calculation, payment terms, restricted activities, geographical limitations, and duration of restrictions, all carefully crafted to meet the reasonableness requirements under Australian law.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the agreement, including employment history and reason for separation

3. Definitions: Definitions of key terms used throughout the agreement, including 'Restricted Period', 'Restricted Area', 'Competitive Business', etc.

4. Severance Payment: Details of the severance amount, payment schedule, and conditions for payment

5. Non-Compete Obligations: Specific restrictions on competitive activities, including duration and geographical scope

6. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers

7. Confidentiality: Obligations regarding confidential information and trade secrets

8. Acknowledgments: Employee's acknowledgment of the reasonableness of restrictions and receipt of consideration

9. Return of Company Property: Requirements for returning company assets and information

10. Enforcement and Remedies: Legal remedies available for breach, including injunctive relief

11. General Provisions: Standard clauses including governing law, severability, and entire agreement

Optional Sections

1. International Restrictions: Additional provisions for employees with international roles or where restrictions apply across multiple countries

2. Intellectual Property Rights: Specific provisions regarding IP developed during employment and post-employment obligations

3. Garden Leave: Provisions for paid leave during notice period, typically used for senior executives

4. Continuing Obligations: Reference to ongoing obligations from the original employment agreement

5. Tax Considerations: Specific clauses addressing tax treatment of severance payments

6. Outplacement Services: Provisions for career transition support services

7. Release of Claims: Mutual release of potential legal claims between parties

Suggested Schedules

1. Schedule A - Severance Payment Calculation: Detailed breakdown of severance payment calculation including base salary, benefits, and other components

2. Schedule B - Restricted Territory: Detailed description of geographical areas where non-compete restrictions apply, including maps if applicable

3. Schedule C - Restricted Business Activities: Comprehensive list of specific business activities and roles that are restricted

4. Schedule D - Confidential Information: Detailed list of types of confidential information covered by the agreement

5. Schedule E - Company Customers and Clients: List of protected customer relationships, if applicable

6. Appendix 1 - Acknowledgment Form: Form for employee to acknowledge receipt of severance payment and acceptance of terms

7. Appendix 2 - Property Return Checklist: Checklist of company property to be returned

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































Clauses































Relevant Industries

Financial Services

Technology

Professional Services

Healthcare

Manufacturing

Telecommunications

Pharmaceuticals

Mining and Resources

Consumer Goods

Management Consulting

Media and Entertainment

Research and Development

Relevant Teams

Executive Leadership

Sales

Business Development

Research and Development

Product Development

Technical Operations

Client Services

Professional Services

Strategic Planning

Corporate Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Vice President

Managing Director

Senior Sales Executive

Technical Director

Head of Research

Regional Manager

Senior Account Manager

Principal Consultant

Head of Business Development

Chief Operating Officer

Senior Engineer

Product Development Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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