This document is a deed of release for an employer to provide to an employee whose employment has been terminated and subsequently challenged by the employee (usually at the Fair Work Commission) and a settlement reached between the parties. The deed provides a release from legal actions and claims by the employee to the employer in return for compensation and benefits.
It contains ongoing confidentiality and non-disparagement provisions, and refers directly to the ongoing post-employment restraints in the employment agreement.
There is a deed of release specific to a redundancy situation and a termination not challenged by the employee, available separately.
This document has been prepared for Lexis Nexis and is co-authored by Brooke Pendlebury, Principal, Pendlebury Workplace Law, Sydney and Elise Margow, Principal, Legally Speaking, Melbourne.
This document is prepared with the assistance of Specialist Editor Justine Turnbull, Partner, Seyfarth Shaw Australia.