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Letter Not To Continue Employment Contract for Australia

Letter Not To Continue Employment Contract Template for Australia

A formal letter used in Australian employment law context to notify an employee that their fixed-term employment contract will not be renewed or continued beyond its current term. This document ensures compliance with Australian employment legislation, particularly the Fair Work Act 2009, and provides clear communication regarding the end of employment, notice periods, final entitlements, and transitional arrangements. It serves as an official record of the non-continuation decision and outlines all necessary information for both parties to properly conclude the employment relationship.

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What is a Letter Not To Continue Employment Contract?

The Letter Not To Continue Employment Contract is a crucial document used in Australian employment contexts when an employer decides not to extend or renew a fixed-term employment contract. This document must comply with Australian employment law, particularly the Fair Work Act 2009 and relevant state legislation. It is typically used when a fixed-term contract is approaching its end date and the employer has decided not to offer a renewal or extension. The letter should include essential information such as the final working day, notice period details, arrangements for final entitlements, and requirements for returning company property. Its purpose is to provide clear, written confirmation of the non-continuation decision while ensuring all legal obligations are met and the employee is fully informed of their rights and responsibilities during the transition period.

What sections should be included in a Letter Not To Continue Employment Contract?

1. Recipient Details: Full name, position title, and address of the employee

2. Date: Current date of the letter

3. Subject Line: Clear indication of the letter's purpose - 'Re: Non-continuation of Employment Contract'

4. Contract Reference: Reference to the current employment contract and its end date

5. Decision Statement: Clear statement that the contract will not be continued or renewed

6. Notice Period: Confirmation of the notice period and the final working day

7. Final Entitlements: Overview of final pay, leave entitlements, and other benefits to be paid out

8. Company Property: Instructions regarding return of company property and equipment

9. Confidentiality Reminder: Reminder of ongoing confidentiality obligations

10. Contact Information: HR or relevant department contact details for questions or concerns

11. Signature Block: Name, title, and signature of the authorized person sending the letter

What sections are optional to include in a Letter Not To Continue Employment Contract?

1. Reason for Non-continuation: Include when appropriate and legally safe to provide reason for non-continuation

2. Transition Arrangements: Include when there are specific handover requirements or transition period arrangements

3. Reference Offer: Include when the company is willing to provide a reference for future employment

4. Outstanding Projects: Include when there are specific projects or tasks that need to be completed or handed over

5. Post-employment Restrictions: Include when reminding about existing non-compete or non-solicitation clauses

6. Benefits Continuation: Include when there are benefits that continue for a period after employment ends

7. Exit Interview: Include when an exit interview will be conducted

What schedules should be included in a Letter Not To Continue Employment Contract?

1. Final Entitlements Calculation: Detailed breakdown of final pay, leave entitlements, and other benefits

2. Company Property Checklist: List of company items to be returned before departure

3. Important Dates Summary: Timeline of key dates including last working day, final pay date, and benefits end dates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use

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