The Employer Release Form is a vital legal document used in New Zealand employment relationships to formalize the terms of separation between an employer and employee. It is typically utilized during voluntary resignations, mutual separations, redundancies, or as part of settlement agreements. The document ensures compliance with New Zealand employment law, including the Employment Relations Act 2000, Privacy Act 2020, and other relevant legislation. It contains essential provisions such as release terms, consideration, confidentiality obligations, and acknowledgments, while protecting both parties' interests. The form serves as a risk management tool by preventing future disputes and providing clarity on the terms of separation, while ensuring all statutory obligations are met.
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1. Parties: Identifies the employer and employee, including full legal names and relevant contact details
2. Background: Outlines the context of the employment relationship, including start date, end date (if applicable), and reason for the release
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Consideration: States the consideration being provided in exchange for the release (e.g., settlement payment, benefits)
5. Release Terms: Details the specific claims, rights, and obligations being released by the employee
6. Exclusions: Specifies any claims or rights that cannot be released under NZ law
7. Confidentiality: Outlines confidentiality obligations regarding the terms of the release and employment relationship
8. Non-Disparagement: Mutual agreement not to make negative statements about each other
9. Acknowledgments: Employee's confirmation of understanding the agreement and having had opportunity for legal advice
10. Execution: Signature blocks and execution requirements
1. Return of Property: Used when there is company property to be returned by the employee
2. Ongoing Obligations: Include when there are continuing obligations like intellectual property rights or restrictive covenants
3. Reference Provision: Used when parties agree on terms for future employment references
4. Tax Indemnity: Include when there are significant payment amounts with tax implications
5. Reinstatement Waiver: Used in cases of redundancy or termination to explicitly waive reinstatement rights
6. Future Cooperation: Include when ongoing cooperation might be needed for transition or future matters
1. Schedule 1 - Payment Details: Itemized list of all payments to be made, including final salary, holiday pay, and any special payments
2. Schedule 2 - Company Property: Detailed list of company property to be returned
3. Schedule 3 - Continuing Obligations: Specific ongoing obligations from the employment agreement that survive termination
4. Appendix A - Employee Benefits Summary: Summary of any benefits or entitlements that continue or cease
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