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Separation Letter for Australia

Separation Letter Template for Australia

A Separation Letter is a formal document used in Australian employment law to officially communicate and document the termination of employment between an employer and employee. The document complies with Australian employment legislation, including the Fair Work Act 2009 and relevant state laws, and outlines the terms and conditions of the employment separation, including notice periods, final payments, entitlements, and post-employment obligations. It serves as a crucial legal record that protects both employer and employee interests while ensuring compliance with Australian workplace regulations.

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What is a Separation Letter?

The Separation Letter is a essential document in Australian employment practice used to formally document the termination of an employment relationship, whether through resignation, redundancy, or other circumstances. It serves as a formal record of the separation terms and conditions, ensuring compliance with Australian employment law, particularly the Fair Work Act 2009 and state-specific legislation. The document typically includes critical information such as the effective date of separation, notice period details, final payment calculations, and post-employment obligations. A well-drafted Separation Letter helps minimize potential disputes by clearly outlining all termination terms and entitlements, while also maintaining professional relationships and ensuring legal compliance. It forms part of the employee's official employment records and may be crucial for future reference or legal purposes.

What sections should be included in a Separation Letter?

1. Company Letterhead and Date: Official company letterhead with current date

2. Employee Details: Full name, position title, and address of the employee

3. Formal Confirmation of Separation: Clear statement of employment termination or acceptance of resignation, including effective date

4. Notice Period: Details of notice period or payment in lieu of notice

5. Final Payment Details: Breakdown of final payment including salary, leave entitlements, and other benefits

6. Company Property: List of company property to be returned and process for return

7. Confidentiality Obligations: Reminder of ongoing confidentiality obligations

8. Reference and Employment Verification: Information about future reference provisions

9. Contact Information: HR or relevant department contact details for queries

10. Signature Block: Space for authorized signatory and company representative details

What sections are optional to include in a Separation Letter?

1. Garden Leave Provisions: Include when employee is placed on garden leave during notice period

2. Post-Employment Restrictions: Reference to existing restraint of trade or non-compete obligations, if applicable

3. Outplacement Support: Details of any career transition services offered

4. Medical Benefits Extension: Information about continuation of medical benefits, if applicable

5. Release Agreement Reference: Reference to any separate deed of release, if required

6. Employee Assistance Program: Information about available support services during transition

7. Project Handover Requirements: Include when specific handover of work or projects is required

What schedules should be included in a Separation Letter?

1. Final Payment Calculation: Detailed breakdown of all final payment components including leave entitlements, bonuses, and deductions

2. Company Property Checklist: Itemized list of company assets to be returned

3. Benefits Summary: Summary of benefits termination dates and conversion options

4. Important Dates Schedule: Timeline of key dates including last day, final payment date, benefits end dates

5. Handover Documentation: Template or checklist for knowledge transfer and handover requirements

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions























Clauses




















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Banking and Finance

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Human Resources

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Relevant Roles

Chief Executive Officer

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HR Manager

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Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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