Letter of Termination of Employment - Template Form

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ACN: ________
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________ ________
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PRIVATE AND CONFIDENTIAL — DELIVERED BY HAND / EMAIL

Dear ________,

Re: Termination of Employment

This letter confirms the decision to terminate your employment with ________ (the Company), and sets out the basis for that decision and the arrangements that will apply on and after your last day of employment.

§1 — Background

1.1 You commenced employment with the Company on ________ in the position of ________.

1.2 Your employment is governed by your written contract of employment dated ________ and, where applicable, by the following industrial instrument: ________ (the Applicable Instrument).

§2 — Performance Process Undertaken

2.1 Prior to the date of this letter, you were given a genuine opportunity to improve your job performance. In particular, the following process was undertaken to address the concerns raised with you:

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2.2 Throughout this process, you were notified of the relevant concerns, given the opportunity to respond, and afforded the opportunity to have a support person present at any meeting concerning your performance or possible termination.

§3 — Reasons for Termination

3.1 Despite the discussions and opportunities for improvement referred to in §2, the Company considers that your job performance remains unsatisfactory. In particular, the Company relies on the following matters:

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3.2 Having regard to the matters set out above, the Company has decided to terminate your employment.

§4 — Notice and Last Day of Employment

4.1 In accordance with the National Employment Standards under the Fair Work Act 2009 (Cth), your contract of employment and the Applicable Instrument (whichever provides the greater entitlement), you are entitled to the following period of notice of termination: ________.

4.2 The Company elects to: ________ (for example, require you to work out the notice period, or make a payment in lieu of all or part of the notice period).

4.3 Where applicable, an additional period of notice may apply if you are over 45 years of age and have completed at least two years of continuous service, in accordance with section 117 of the Fair Work Act 2009 (Cth).

4.4 Your last day of employment will be: ________.

§5 — Final Payments and Entitlements

5.1 On termination you will be paid all amounts lawfully owing to you up to and including your last day of employment, which will include (as applicable):

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5.2 The gross amount of your estimated final payment is ________, subject to applicable tax withholding under the Taxation Administration Act 1953 (Cth) and adjustment for any final reconciliation.

5.3 Your final payment will be made by ________ into your nominated account, and superannuation contributions will be paid in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth).

5.4 The Company will provide you with an employment separation certificate and any other documentation reasonably required by you for the purposes of Services Australia or your taxation affairs.

§6 — Return of Company Property

6.1 All Company property in your possession, custody or control, including (without limitation) keys, security and access passes, computer and electronic equipment, mobile devices, credit cards, documents, records and data, must be returned to the Company on or before your last day of employment.

6.2 You must not retain, copy, delete or otherwise deal with any Company information or records except as authorised by the Company.

§7 — Continuing Obligations

7.1 Your obligations of confidentiality, and any post-employment restraint, intellectual property and non-solicitation obligations contained in your contract of employment, survive the termination of your employment and continue to bind you in accordance with their terms.

7.2 You are reminded of your continuing obligations not to disclose or misuse any confidential information or trade secrets of the Company or its clients.

§8 — Your Rights

8.1 You may wish to obtain independent legal advice in relation to this letter and the termination of your employment.

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§9 — Further Information

9.1 If you require any further information about the matters in this letter, please contact ________ on ________.

9.2 The Company thanks you for your service and wishes you well for the future.

Yours sincerely,

__________________________
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For and on behalf of ________

Acknowledgement of Receipt

I, ________ ________, acknowledge that I have received a copy of this letter.

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Signature of Employee

Date: ________