Deed of Release (Redundancy)
A Deed of Release (Redundancy) can be used when you have terminated an employee due to redundancy.
4.5 (24 reviews)
Last updated January 14, 2025
Under 5 minutes
Written by Edwin Montoya Zorrilla
Reviewed by Damin Murdock
Document Overview
This precedent is a deed of release for an employer to provide to an employee whose employment has been terminated for reasons of genuine redundancy. The deed provides a release from legal actions and claims by the employee to the employer in return for compensation including an ex gratia payment, and benefits.
It contains ongoing confidentiality and non-disparagement provisions and refers directly to the ongoing post-employment restraints in the employment agreement.
There is a deed of release specific to a termination of employment that is not a redundancy and a termination of employment that may be challenged by the employee (usually at the Fair Work Commission), available separately.
Suitable for Australia
The Legal Risk Score of a Deed of Release (Redundancy) Template
Our legal team have marked this document as medium risk considering:
- The document stipulates that all claims against the employer related to the employment and its termination are fully released, which could prevent the employee from pursuing any further legal action if future issues or unrecognized claims related to the employment arise.
- Redundancy carries the inherent risk of an unfair dismissal claim if not managed properly.
- The employee's signature must be witnessed in order to be effective.
Overall, this document is designed to finalize the end of an employment relationship by settling all claims and reinforcing confidentiality and professional conduct post-employment. While it provides clarity and finality, it also imposes significant restrictions on the parties, especially the employee, which could be seen as limiting in terms of future claims and freedom of speech regarding the employment experience. Users should consider whether the security of a clean break and the potential limitations align with their personal or business goals.
Deed of Release (Redundancy) Checklist
Complete your free Deed of Release (Redundancy) with our checklist
Sign the document as required
The employee's signature must be witnessed by an independent party, and a representative should sign on behalf of the company.
Keep the document readily available
Both parties should have the document handy as an easy reference for their obligations.
Pay out the employee entitlements
These should be calculated as the sum of those entitlements listed in the document.
View Sample Deed of Release (Redundancy)
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