Ƶ

Non Disclosure Agreement For Employee Leaving Template for Australia

An Australian-compliant Non-Disclosure Agreement designed specifically for departing employees, ensuring the protection of confidential information, trade secrets, and intellectual property after employment termination. This document aligns with Australian employment law, privacy legislation, and competition regulations, providing comprehensive coverage of confidentiality obligations, return of company property, and post-employment responsibilities. It includes specific provisions for the Australian business context and is structured to be enforceable under Australian Commonwealth and State laws.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Get template free

Your data doesn't train Genie's AI

You keep IP ownership of your docs

4.6 / 5
4.6 / 5
4.8 / 5

What is a Non Disclosure Agreement For Employee Leaving?

The Non-Disclosure Agreement For Employee Leaving is a critical legal document used when an employee is departing from an organization in Australia. It serves to protect the company's confidential information, trade secrets, and intellectual property after the employment relationship ends. This document is particularly important in today's competitive business environment where employee mobility is high and digital information is easily transferable. The agreement must comply with Australian employment law, including the Fair Work Act 2009 (Cth), Privacy Act 1988 (Cth), and relevant state legislation. It typically includes detailed provisions about what constitutes confidential information, the duration of confidentiality obligations, return of company property, and consequences of breach. This document is essential for maintaining business security and protecting competitive advantage when employees transition to new opportunities.

What sections should be included in a Non Disclosure Agreement For Employee Leaving?

1. Parties: Identifies the employer and departing employee who are parties to the agreement

2. Background: Establishes the context of the agreement, including the employee's former role and access to confidential information

3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms

4. Confidentiality Obligations: Details the core obligations regarding non-disclosure of confidential information

5. Return of Company Property: Specifies requirements for returning all company documents, devices, and materials containing confidential information

6. Acknowledgments: Employee's acknowledgment of their obligations and the proprietary nature of the information

7. Duration of Obligations: Specifies how long the confidentiality obligations remain in effect

8. Breach and Remedies: Outlines consequences of breach and available legal remedies

9. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement

10. Execution: Signature blocks and execution details

What sections are optional to include in a Non Disclosure Agreement For Employee Leaving?

1. Non-Solicitation: Prevents solicitation of company employees or clients - include when employee had significant client contact or management role

2. Intellectual Property Rights: Additional IP provisions - include when employee was involved in creation of IP

3. Post-Employment Assistance: Requirements for transition assistance - include for senior roles or complex projects

4. Survival of Other Agreements: Reference to surviving obligations from employment agreement - include when original employment agreement exists

5. Media and Public Statements: Restrictions on public statements - include for senior executives or public-facing roles

6. Competing Business Interests: Declaration of any competing interests - include when employee is moving to a competitor

7. Independent Legal Advice: Acknowledgment of receiving legal advice - include for complex agreements or senior roles

What schedules should be included in a Non Disclosure Agreement For Employee Leaving?

1. Schedule A - Confidential Information: Detailed list of types of confidential information specific to employee's role

2. Schedule B - Company Property: Itemized list of company property to be returned

3. Schedule C - Existing Contracts: List of relevant existing agreements with surviving obligations

4. Appendix 1 - Acknowledgment Form: Form confirming return of all company property and information

5. Appendix 2 - Exit Interview Checklist: Checklist confirming discussion of confidentiality obligations

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

Cost

Free to use

Find the exact document you need

No items found.
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it