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Termination Addendum Template for Ireland

This document serves as a formal addendum to terminate an existing employment agreement under Irish law. It comprehensively outlines the terms and conditions of the employment termination, including notice periods, final payments, and post-termination obligations in compliance with Irish employment legislation. The document addresses statutory requirements under various Irish employment acts, including the Unfair Dismissals Acts and Minimum Notice and Terms of Employment Acts, while providing clear documentation of the agreed termination terms between employer and employee. It includes provisions for final settlements, return of company property, confidentiality obligations, and any surviving clauses from the original employment agreement.

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What is a Termination Addendum?

The Termination Addendum is essential for properly documenting the end of an employment relationship under Irish law. It is typically used when an employer and employee have agreed to terminate an existing employment contract, or when termination is necessary due to redundancy, performance issues, or other legitimate business reasons. The document must carefully consider Irish employment legislation, including notice periods, statutory entitlements, and procedural requirements. The addendum serves to protect both parties by clearly documenting the termination terms, final payments, surviving obligations, and mutual releases. It should be customized based on the specific circumstances of the termination while ensuring compliance with Irish employment law requirements and any relevant industry-specific regulations.

What sections should be included in a Termination Addendum?

1. Parties: Identification of all parties to the addendum, matching those in the original agreement

2. Background: References to the original agreement being terminated, including date and nature of agreement, and brief context for the termination

3. Definitions: Key terms used in the addendum, including reference to definitions in the original agreement that remain applicable

4. Termination Date: Clear specification of when the original agreement will terminate

5. Termination Terms: Core terms of the termination including notice period compliance and any immediate actions required

6. Final Payments: Details of any final payments, including salary, benefits, or other entitlements up to the termination date

7. Mutual Release: Release of claims between parties, subject to any surviving obligations

8. Surviving Provisions: Identification of which provisions from the original agreement survive termination

9. Return of Property: Requirements for return of company property, documents, and data

10. Governing Law: Confirmation that Irish law governs the addendum

11. Execution: Signature blocks and execution formalities

What sections are optional to include in a Termination Addendum?

1. Redundancy Payments: Required if termination is due to redundancy, specifying statutory and any enhanced redundancy payments

2. Non-Compete Obligations: Include if original agreement contained post-termination restrictions that need to be specifically addressed

3. Confidentiality: Include if specific confidentiality obligations need to be reinforced or modified

4. Garden Leave: Include if employee will be placed on garden leave during notice period

5. Settlement Terms: Include if termination is part of a settlement of disputes

6. Reference: Include if parties agree on terms of future employment references

7. Legal Advice: Include if requirement for independent legal advice needs to be documented

What schedules should be included in a Termination Addendum?

1. Schedule 1 - Company Property: Itemized list of company property to be returned

2. Schedule 2 - Final Payment Calculation: Detailed breakdown of all final payments including salary, benefits, and any statutory payments

3. Schedule 3 - Surviving Obligations: Detailed list of specific clauses from original agreement that survive termination

4. Appendix A - Original Agreement: Copy of the original agreement being terminated

5. Appendix B - Statutory Rights Notice: Standard form notice of statutory rights under Irish employment law

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

Ireland

Publisher

Ƶ

Cost

Free to use

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