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Employee Exit Agreement for New Zealand

Employee Exit Agreement Template for New Zealand

A comprehensive legal document governed by New Zealand law that formalizes the termination of an employment relationship between an employer and employee. This agreement outlines the terms and conditions of the employment separation, including final payments, mutual releases, confidentiality obligations, and post-employment responsibilities. It ensures compliance with New Zealand employment legislation, particularly the Employment Relations Act 2000, while providing clear documentation of agreed terms and protecting both parties' interests during and after the separation process.

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What is a Employee Exit Agreement?

The Employee Exit Agreement is a crucial document used in New Zealand employment contexts when formalizing the termination of employment relationships, whether through mutual agreement, redundancy, or other circumstances. It provides a legally binding framework that addresses all aspects of the employment separation, including financial settlements, ongoing obligations, and mutual releases. The agreement must comply with New Zealand employment law, particularly the Employment Relations Act 2000, Privacy Act 2020, and other relevant legislation. It serves to protect both employer and employee interests by clearly documenting agreed terms, preventing future disputes, and ensuring all statutory obligations are met. This document is particularly important in scenarios involving senior employees, sensitive positions, or complex termination arrangements.

What sections should be included in a Employee Exit Agreement?

1. Parties: Identifies the employer and employee entering into the agreement

2. Background: Brief context of the employment relationship and reason for the exit agreement

3. Definitions: Defines key terms used throughout the agreement

4. Termination Date: Specifies the official end date of employment and final working day

5. Final Payment: Details of final salary, holiday pay, and other entitlements

6. Company Property: Requirements for return of company property and equipment

7. Confidentiality: Ongoing obligations regarding confidential information

8. Mutual Release: Mutual release of claims between parties

9. Tax Treatment: Clarification of tax treatment of payments

10. Execution: Signature blocks and execution requirements

What sections are optional to include in a Employee Exit Agreement?

1. Garden Leave: Used when employee is required to serve notice period away from workplace

2. Post-Employment Restrictions: Include when non-compete or non-solicitation provisions are required

3. Reference: Include when agreed form of reference is to be provided

4. Outplacement Support: Used when company is providing career transition services

5. Share Options/Benefits: Include when addressing treatment of existing share options or benefits

6. Communications: Used when parties agree on specific announcement of departure

7. Legal Advice: Include when employee has received independent legal advice

8. Ongoing Cooperation: Used when employee's assistance may be needed post-employment

What schedules should be included in a Employee Exit Agreement?

1. Schedule 1 - Final Payment Calculation: Detailed breakdown of all final payments including salary, holiday pay, and other entitlements

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

3. Schedule 3 - Agreed Form of Reference: Template of agreed reference letter if applicable

4. Appendix A - Confidential Information: Detailed description of what constitutes confidential information

5. Appendix B - Post-Employment Restrictions: Detailed terms of any non-compete or non-solicitation provisions

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

New Zealand

Publisher

Ƶ

Cost

Free to use

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