Deed of Release for Employment - Template, Sample Form Pro · AU-law
✓ Valid in Australia · drafted to comply with local law
Create your Deed of Release for Employment - Template, Sample Form for use in Australia. Answer a few plain-English questions and the document fills in automatically as you go — then download it in Word and PDF, ready to sign or share. This version has been professionally rewritten to comply with local law.
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DEED OF RELEASE
This Deed of Release ("this Deed") is made on ________
BETWEEN
________ (ACN ________)
of the following address:
________
("the Employer")
AND
________
of the following address:
________
("the Employee")
(each a "Party" and together the "Parties").
BACKGROUND
A. The Employee was employed by the Employer commencing on ________ ("the Employment").
B. The Employment ended, with the final day of the Employment being ________.
C. The Employment was terminated because the Employee's position within the Employer's business had become genuinely redundant.
D. The Parties acknowledge that the Employer has complied with its consultation obligations under any applicable modern award or enterprise agreement and with its obligations under the Fair Work Act 2009 (Cth) in relation to the redundancy.
E. The Employer and the Employee have agreed to enter into this Deed in order to fully and finally settle any and all claims arising out of the Employment and/or the termination of the Employment, on the terms set out in this Deed.
(1) DEFINITIONS
"Business Day" means a day which is not a Saturday, Sunday or public holiday in ________.
"Deed" means this Deed of Release.
"Deed Date" means ________.
"Employee" means ________.
"Employer" means ________.
"Employment" means the employment relationship between the Employee and the Employer under the Employment Agreement.
"Employment Agreement" means the employment agreement dated ________ between the Employer and the Employee.
"Fair Work Act" means the Fair Work Act 2009 (Cth).
"Parties" means the parties to this Deed.
"Party" means a party to this Deed.
"Termination" means the termination of the Employment.
"Termination Date" means ________.
(2) INTERPRETATION
In this Deed, unless the context otherwise requires, the following rules of interpretation apply:
(a) Words referring to one gender include every other gender.
(b) Words referring to a singular number include the plural, and words referring to a plural include the singular.
(c) If a word or phrase is defined in this Deed, any grammatical variations of that word or phrase have a corresponding meaning.
(d) Words referring to a person or persons include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations and other legal entities, and vice versa.
(e) Any reference to time is a reference to time in ________.
(f) Where something must be done under this Deed on or before a particular date and that date falls on a day which is not a Business Day, that thing must be done on or before the next Business Day.
(g) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
(h) Headings and titles are included for convenience only and do not affect the interpretation of this Deed.
(i) A reference to legislation or any part or provision of that legislation includes any subordinate legislation, any amended legislation, and any substituted legislation issued under that legislation.
(j) A reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented or novated from time to time.
(k) A reference to a Party also includes that Party's successors, assigns, legal personal representatives and/or any person substituted by way of novation.
(l) Any reference to money or currency, unless otherwise specified, is a reference to Australian dollars.
(3) RELEASE
Except as otherwise required by law and subject to clause (4):
(4) PAYMENT
(a) In consideration for the release provided by the Employee under this Deed, the Employer agrees to pay the Employee as follows ("Payment(s)"):
________
(b) The Employer will make the Payment(s) to the Employee within ________ Business Days of the Deed Date.
(c) Any Payment(s) described under this clause are expressed as gross before-tax amounts. The Employer will deduct any applicable PAYG withholding and other taxes required by law and will pay the net after-tax amount(s) to the Employee.
(d) The Employer will pay any superannuation contributions required under the Superannuation Guarantee (Administration) Act 1992 (Cth) in respect of the Employment to the Employee's nominated superannuation fund in accordance with that Act.
(e) The taxation treatment of any Payment(s), including any genuine redundancy payment within the meaning of the Income Tax Assessment Act 1997 (Cth), is a matter for the Employee, and the Employee acknowledges that the Employer has not provided any taxation advice in connection with this Deed.
(5) EMPLOYMENT REFERENCE
In consideration for the release provided by the Employee under this Deed, the Employer agrees to provide the Employee, within ________ Business Days of the Deed Date, with a written employment reference outlining the period during which the Employee was employed by the Employer, the Employee's position, and the Employee's duties.
(6) JOB PLACEMENT ASSISTANCE
In consideration for the release provided by the Employee under this Deed, the Employer agrees to provide reasonable assistance to support the Employee in finding new employment.
(7) RETURN OF PROPERTY
Within ________ Business Days of the Deed Date, the Employee must return to the Employer any and all property of the Employer in the Employee's possession, custody or control, including all documents, records and confidential information (in whatever form).
(8) ACKNOWLEDGEMENTS
The Employee acknowledges and agrees:
(9) BAR TO FURTHER PROCEEDINGS
The Parties expressly agree that this Deed may be pleaded as a full and complete defence to any claims, debts, demands, suits, actions, proceedings or other liabilities that any Party to this Deed may pursue at any time in relation to the Employment or the Termination.
(10) CONFIDENTIALITY
(a) Subject to this clause, the Parties agree to keep the provisions and circumstances of this Deed confidential.
(b) Notwithstanding sub-clause (a), a Party may disclose any details of this Deed ("Details"):
(I) to its respective legal, financial or taxation advisors ("Advisors"), provided that the Party first ensures that those Advisors are bound to keep the Details confidential on terms at least as onerous as those contained in this Deed;
(II) to an immediate family member, provided that family member is informed of the confidential nature of the Details; or
(III) as otherwise required by law, by court order, or by the requirement of any stock exchange or regulatory authority.
(c) This clause survives termination or expiration of this Deed.
(11) NON-DISPARAGEMENT
The Parties agree that they will not, at any time, make or publish any statement, whether written or oral, that disparages, denigrates or otherwise reflects adversely upon the other Party or, in the case of the Employer, any of its officers, employees, directors, agents, contractors, related bodies corporate, assignees, successors or other representatives. This clause does not prevent a Party from making any disclosure required by law or to a regulatory or law enforcement authority. This clause survives termination or expiration of this Deed.
(12) NOTICES
(a) Any notice or other communication given under this Deed must be in writing and must be delivered personally, sent by pre-paid post or sent by email to the relevant Party at the address or email address last notified by that Party for the purposes of this Deed.
(b) A notice or other communication is taken to be received:
(I) if delivered personally, on the date of delivery;
(II) if sent by pre-paid post, on the third Business Day after the date of posting; or
(III) if sent by email, at the time the email is sent, provided that no delivery failure notification is received by the sender, and provided that if the email is sent after 5:00pm on a Business Day, or on a day that is not a Business Day, it is taken to be received on the next Business Day.
(13) LEGAL COSTS
Each Party must pay its own legal costs of and incidental to this Deed.
(14) GENERAL PROVISIONS
(a) GOVERNING LAW: This Deed is governed in all respects by the laws of ________ and any applicable federal law of the Commonwealth of Australia. Each Party irrevocably submits to the non-exclusive jurisdiction of the courts of that State and the federal courts of Australia.
(b) LANGUAGE: All communications made or notices given pursuant to this Deed must be in the English language.
(c) AMENDMENTS: This Deed may only be amended in writing signed by both Parties.
(d) RIGHTS, REMEDIES AND POWERS: Unless expressly provided in this Deed, any rights, remedies or powers which a Party acquires under this Deed are cumulative and apply in addition to any rights, remedies or powers which that Party may otherwise have. Unless expressly provided in this Deed, nothing in this Deed reduces, extinguishes, postpones, restricts or otherwise limits any right, remedy or power which that Party may have.
(e) SURVIVAL OF OBLIGATIONS: On the termination or expiration of this Deed, any provisions which would by their nature be expected to survive remain in full force and effect, including any provisions explicitly stated to survive termination and/or expiration.
(f) NO WAIVER: None of the powers or rights created under this Deed is deemed to have been waived by any act or acquiescence of either Party. A power or right may only be waived in writing signed by the Party waiving it. No waiver of any power or right constitutes a waiver of any other power or right or of the same power or right on a future date. Failure of either Party to enforce any term does not constitute a waiver of that or any other term.
(g) SEVERABILITY: If any provision or term of this Deed is held to be unenforceable, this Deed is deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Deed, valid and enforceable. If a court declines to amend this Deed as provided, the invalidity or unenforceability of any provision does not affect the validity or enforceability of the remaining terms and provisions, which are enforced as if the offending term had not been included.
(h) ENTIRE AGREEMENT: In relation to its subject matter, this Deed constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
(i) COUNTERPARTS: This Deed may be executed in counterparts, all of which together constitute a single instrument. If the dates set out at the end of this document differ, this Deed is effective as of the later date of signing.
(j) FORCE MAJEURE: Neither Party is liable to the other for any failure to perform due to causes beyond its reasonable control, including acts of God, acts of civil or military authorities, riots, embargoes, natural disasters, and other unforeseen circumstances.
(k) FURTHER ACTS: Each Party must, and must ensure that its directors, employees, officers, agents, representatives and contractors do, all things and sign, execute and deliver all documents, agreements and instruments reasonably required to give effect to this Deed and to the rights and obligations of the Parties under it.
EXECUTED AS A DEED ON ________
Signed, sealed and delivered by ________ (ACN ________) in accordance with section 127 of the Corporations Act 2001 (Cth) by:
___________________________________
Signature of director
____________________________________
________
Name of director
___________________________________
Signature of director/company secretary
____________________________________
________
Name of director/company secretary
Signed, sealed and delivered by ________:
____________________________________
________
____________________________________
Date
In the presence of:
____________________________________
Witness Signature
____________________________________
________
Witness Name
____________________________________
________
Witness Occupation
____________________________________
________
Witness Address
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