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Separation Agreement And Release Template for Ireland

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Key Requirements PROMPT example:

Separation Agreement And Release

"I need a Separation Agreement and Release under Irish law for a departing Chief Technology Officer in the fintech sector, including provisions for share options vesting and post-termination restrictions, with the termination date set for March 15, 2025."

Document background
The Separation Agreement and Release is a crucial document used in Irish employment law contexts when formalizing the end of an employment relationship. It is typically used when an employer and employee agree to terminate employment under mutually accepted terms, often involving a negotiated settlement. The agreement serves multiple purposes: it documents the financial terms of the separation, includes mutual releases of claims (subject to statutory limitations under Irish law), addresses post-employment obligations, and provides clarity on matters such as confidentiality and company property. This document is particularly important in Ireland where employment rights are strongly protected, and a properly drafted agreement helps ensure compliance with relevant legislation while providing certainty and protection for both parties. The agreement often accompanies situations involving redundancy, mutual separation, or resolution of potential disputes.
Suggested Sections

1. Parties: Identifies and defines the employer and employee parties to the agreement

2. Background: Sets out the context of the employment relationship and the circumstances leading to separation

3. Definitions: Defines key terms used throughout the agreement

4. Termination Date: Specifies the official end date of employment and final working day

5. Payment Provisions: Details the separation payment, including basic severance, ex gratia payments, and treatment of outstanding salary/benefits

6. Tax Treatment: Addresses the tax implications of the separation payments

7. Company Property: Requirements for return of company property and documents

8. Confidentiality Obligations: Ongoing confidentiality obligations post-employment

9. Post-Termination Restrictions: Confirms any continuing restrictive covenants from the employment contract

10. Release of Claims: Mutual releases of claims between parties, subject to statutory limitations

11. Reference: Terms regarding the provision of employment references

12. Legal Advice: Confirmation that the employee has received independent legal advice

13. Entire Agreement: Confirms this agreement supersedes previous agreements regarding the separation

14. Governing Law: Specifies Irish law as governing law and jurisdiction

15. Execution: Signature blocks and execution provisions

Optional Sections

1. Garden Leave: Include when the employee will be placed on garden leave during notice period

2. Share Options/Awards: Include when dealing with existing employee share schemes or equity arrangements

3. Pension Arrangements: Include when specific pension-related provisions need to be addressed

4. Outplacement Support: Include when the employer is providing career transition services

5. Director Resignations: Include when the employee holds director positions that need to be resigned

6. Announcement: Include when parties agree on specific internal/external communications about the departure

7. Medical Insurance: Include when addressing continuation or termination of medical benefits

8. Legal Costs: Include when employer is contributing to employee's legal costs

9. Ongoing Cooperation: Include when employee's assistance may be needed for transition or future matters

Suggested Schedules

1. Schedule 1 - Payment Calculations: Detailed breakdown of all payments including basic severance, ex gratia payments, and benefits

2. Schedule 2 - Company Property Inventory: List of company property to be returned

3. Schedule 3 - Continuing Obligations: Details of post-employment restrictions and confidentiality obligations

4. Schedule 4 - Agreed Form of Reference: Template of agreed employment reference

5. Schedule 5 - Director Resignation Letters: Forms of resignation from director positions if applicable

6. Appendix A - Legal Advisor's Certificate: Certificate from employee's legal advisor confirming independent advice

7. Appendix B - Share Option Statement: Statement of treatment of share options/awards if applicable

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

Relevant legal definitions






























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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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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