[{"id":"d8b1a26c-7ccd-4dbc-937c-b5fb5d74ce65","order":1,"text":"[Employer legal name]","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"3598051b-0285-4904-9a15-de15a791b1b0","order":2,"text":"ABN [ABN]","fontSize":"11","textAlign":"left","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true},{"id":"325fb707-0fe1-4e6e-be9e-32bb9189f477","order":3,"text":"[Employer address]","fontSize":"11","textAlign":"left","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true},{"id":"d259b721-9b8a-4ebe-a6c3-9a31c8eba6a8","order":4,"text":"[Suburb] NSW [Postcode]","fontSize":"11","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"2f30e928-4eb6-4f09-ad26-17b527f4dc9c","order":5,"text":"PRIVATE AND CONFIDENTIAL","fontSize":"11","textAlign":"left","bold":true,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"4c9eb0a3-3e77-4389-aa18-3fef927b68c3","order":6,"text":"[Date of this letter]","fontSize":"14","textAlign":"right","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"fa426e66-c34b-4a23-989c-cdb9b2ddbf13","order":7,"text":"Mr [Employee full name]
[Employee residential address]
[Suburb] NSW [Postcode]","fontSize":"14","textAlign":"right-align","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"9dfe6fc9-1fbe-4925-944e-677a31771ac5","order":8,"text":"TERMINATION OF EMPLOYMENT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"16","cflou":false,"active":true},{"id":"8e04565b-03fb-4467-94af-44d288254d2e","order":9,"text":"Dear [Employee first name],","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"53f334ac-4539-45bd-aa4b-0cfcaf08e177","order":10,"text":"1. PURPOSE OF THIS LETTER","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S01"},{"id":"1a325ba2-02e6-41a9-9c40-85bac42e36a2","order":11,"text":"This letter confirms the decision of [Employer legal name] (the Employer) to terminate your employment, and records the reason for that decision, the date on which your employment ends, the payments you will receive and the obligations that continue after your employment ends. You commenced employment with the Employer on [Commencement date] in the position of [Position title].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true},{"id":"f1ef8619-8ca1-487d-a993-88909c402056","order":12,"text":"2. REASON FOR TERMINATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"sectionNum":"S02"},{"id":"fa0b15bd-aadd-4ebe-b4fa-149c1819c681","order":13,"text":"Following a review of the Employer's operational requirements, the Employer has made the following decision: [Operational reason for the redundancy]. As a result of that decision, the Employer no longer requires the job you have been performing to be performed by anyone. Your position of [Position title] is therefore redundant. Your dismissal is a case of genuine redundancy within the meaning of section 389 of the Fair Work Act 2009 (Cth): the Employer no longer requires your job to be performed by anyone because of changes in its operational requirements, the Employer has complied with any consultation obligation in an applicable modern award or enterprise agreement, and it would not have been reasonable in all the circumstances to redeploy you within the Employer's enterprise or that of an associated entity.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"redundancy","type":"add","operator":"="}]},{"id":"9b0f7612-1775-4f21-a5aa-98b045f4db22","order":14,"text":"The decision is a decision about the Employer's business and its operational requirements. It is not a decision about you personally, about your conduct, or about the quality of the work you have performed. The Employer records its appreciation of your service.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"redundancy","type":"add","operator":"="}]},{"id":"7cc72828-fcb0-4995-9d68-d0a180f5309e","order":15,"text":"Despite the performance management process set out under the heading "Performance Management Process" below, the Employer considers that your performance in the position of [Position title] has not improved to the standard reasonably required of the role. The specific performance concerns that have led to this decision are as follows: [The specific performance concerns relied on].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"underperformance","type":"add","operator":"="}]},{"id":"b16ba721-82d2-4053-af04-5d42e19488dc","order":16,"text":"The Employer is satisfied that this constitutes a valid reason for the termination of your employment relating to your capacity and performance, that you were made aware of the required standard, that you were warned that your employment was at risk if your performance did not improve, and that you were given a reasonable opportunity to improve before this decision was made.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"underperformance","type":"add","operator":"="}]},{"id":"1653f532-930c-4cd8-a92a-cf68208c05f2","order":17,"text":"Following the investigation set out under the heading "Allegations, Investigation and Your Response" below, the Employer has concluded that you engaged in the following conduct: [The conduct found to have occurred]. That conduct occurred on or about [Date of the conduct].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"add","operator":"="}]},{"id":"c342d43e-debf-43fd-a1f7-d671ef253b40","order":18,"text":"The Employer believes, on reasonable grounds, that this conduct is sufficiently serious to justify immediate dismissal. The conduct is wilful or deliberate behaviour that is inconsistent with the continuation of your contract of employment, or conduct that causes serious and imminent risk to the health and safety of a person or to the reputation, viability or profitability of the Employer's business, within the meaning of serious misconduct under regulation 1.07 of the Fair Work Regulations 2009 (Cth). Your employment is accordingly terminated summarily, without notice and without payment in lieu of notice, as permitted by section 123(1)(b) of the Fair Work Act 2009 (Cth).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"add","operator":"="}]},{"id":"26596171-1611-4ca2-9ba9-554b1874bc40","order":19,"text":"3. CONSULTATION AND REDEPLOYMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"redundancy","type":"add","operator":"="}],"sectionNum":"S03"},{"id":"1d49bd50-616e-4417-bd0d-2c2440171379","order":20,"text":"The Employer consulted with you about the proposed change and its likely effect on you. That consultation took place on [Date of consultation meeting], when you were informed of the proposed change, given an opportunity to ask questions, and invited to put forward measures to avert or mitigate the effect of the change on you. The Employer has considered the matters you raised.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"redundancy","type":"add","operator":"="}]},{"id":"ada7de49-3656-4d98-8cec-7aec8c3aa8ce","order":21,"text":"The Employer has consulted with you in accordance with the consultation term of any modern award or enterprise agreement that applies to your employment, which requires the Employer to notify you of the proposed change, to discuss its likely effect on you and the measures taken to avert or mitigate its adverse effect, and to give prompt consideration to the matters you raise. The Employer has done so.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"redundancy","type":"add","operator":"="}]},{"id":"f1135eaf-5283-4999-a762-a77e50279083","order":22,"text":"The Employer has also considered whether it would be reasonable in all the circumstances to redeploy you within its enterprise or within the enterprise of an associated entity. Having done so, the Employer has concluded the following: [Outcome of the redeployment consideration].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"redundancy","type":"add","operator":"="}]},{"id":"6de6b308-3c24-450e-9690-5512079dbf90","order":23,"text":"Because the Employer has decided to dismiss 15 or more employees for reasons of an economic, technological, structural or similar nature, the Employer has given written notice of the proposed dismissals to Services Australia as required by section 530 of the Fair Work Act 2009 (Cth), before any of those dismissals take effect. Where any employee organisation is entitled to represent the industrial interests of an affected employee, the Employer has also notified and consulted that organisation as required by section 531 of that Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"2b31e53d-a578-4d19-9eee-9c913e1c3d89","value":"yes","type":"add","operator":"="},{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"underperformance","type":"remove","operator":"="},{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"remove","operator":"="}]},{"id":"e1b2e7df-0454-4977-b6a9-7b15ad8d16c2","order":24,"text":"The Employer encloses with this letter the Redundancy Information Statement published by the Department of Employment and Workplace Relations, together with information about the support available to you through Workforce Australia and the Financial Information Service provided by Services Australia.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"redundancy","type":"add","operator":"="}]},{"id":"28c0c1f3-ec73-4636-9c77-c130098bef9f","order":25,"text":"4. PERFORMANCE MANAGEMENT PROCESS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"underperformance","type":"add","operator":"="}],"sectionNum":"S04"},{"id":"86e43066-876c-41da-90d0-1237d00a9c12","order":26,"text":"On [Date of the warning] you were warned that your performance was not meeting the standard required and that your employment was at risk if there was no improvement. You were told what was required of you, and you were given an opportunity to respond to that warning. You were then given a reasonable period in which to improve, together with the following support: [Training, supervision or other support provided].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"underperformance","type":"add","operator":"="}]},{"id":"907df88b-527e-4d6d-976e-151ba0bd82c9","order":27,"text":"On [Date of the final performance meeting] you were invited to a meeting at which the Employer explained that your continued employment was in question, and you were given a further opportunity to respond before any decision was made. You were advised that you could bring a support person to that meeting. The Employer has taken your response into account in reaching the decision recorded in this letter.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"underperformance","type":"add","operator":"="}]},{"id":"f880629b-e2b8-4a48-959d-0a7bb5ce7a89","order":28,"text":"5. ALLEGATIONS, INVESTIGATION AND YOUR RESPONSE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"add","operator":"="}],"sectionNum":"S05"},{"id":"03ee1ac9-354c-4130-96dd-0f2e5b2618fb","order":29,"text":"On [Date the allegations were put to you] the Employer put the allegations to you in sufficient detail to enable you to understand and answer them, and gave you an opportunity to respond before any decision was made. You were advised that you could bring a support person to any meeting at which your dismissal was a possible outcome.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"add","operator":"="}]},{"id":"dd0f5be2-9e14-4969-ad18-07f0df1df7fd","order":30,"text":"Your response was as follows: [Summary of the employee response, or that no response was given]. The Employer has genuinely considered that response. Having done so, and having regard to the matters set out in this letter, the Employer is satisfied on reasonable grounds that the conduct occurred and that it warrants immediate dismissal.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"add","operator":"="}]},{"id":"0f38777c-e782-45ec-9be5-ffdc3ee8d452","order":31,"text":"You were suspended on full pay from [Date suspension commenced] while the investigation was conducted. That suspension was a neutral step taken to preserve the integrity of the investigation and was not a disciplinary sanction or an indication that any finding had been made against you.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"a97cfe5c-8035-4ae9-8167-6ce09938f849","value":"yes","type":"add","operator":"="},{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"redundancy","type":"remove","operator":"="},{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"underperformance","type":"remove","operator":"="}]},{"id":"f497e762-f343-442a-999e-8a2b4d536c18","order":32,"text":"6. SMALL BUSINESS FAIR DISMISSAL CODE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"0ea4cc5d-0c03-42df-b77a-de19e70a4016","value":"small business","type":"add","operator":"="}],"sectionNum":"S06"},{"id":"9fb7951b-2db2-453a-95cb-3de88a20d83a","order":33,"text":"The Employer is a small business employer within the meaning of section 23 of the Fair Work Act 2009 (Cth), employing fewer than 15 employees calculated in accordance with that section. The Employer has complied with the Small Business Fair Dismissal Code declared under section 388 of that Act, and has retained the evidence of that compliance, including the completed Small Business Fair Dismissal Code Checklist and any written warnings, statements or witness records relevant to this decision.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"0ea4cc5d-0c03-42df-b77a-de19e70a4016","value":"small business","type":"add","operator":"="}]},{"id":"558a86e0-24d4-44c2-a420-07801e5dd8e3","order":34,"text":"7. DATE OF TERMINATION AND NOTICE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"sectionNum":"S07"},{"id":"f7591176-1ee2-4eb0-9946-b4672f59380d","order":35,"text":"Your employment will end on [Termination date] (the Termination Date). This letter is written notice of the day of termination for the purposes of section 117 of the Fair Work Act 2009 (Cth). The Employer gives you [Number] weeks' notice, and you are required to attend for work and to perform your duties throughout that notice period until the Termination Date, unless the Employer directs otherwise in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"f3711c9f-a030-4173-b529-b107052ae28e","value":"worked","type":"add","operator":"="},{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"remove","operator":"="}]},{"id":"f5c1983f-c003-4482-8dff-46d70b8999c0","order":36,"text":"Your employment ends on [Termination date] (the Termination Date). This letter is written notice of the day of termination for the purposes of section 117 of the Fair Work Act 2009 (Cth). In lieu of requiring you to work out your notice period, the Employer will pay you [Number] weeks' payment in lieu of notice, calculated at the full rate of pay for the hours you would have worked had your employment continued to the end of the minimum notice period.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"f3711c9f-a030-4173-b529-b107052ae28e","value":"in lieu","type":"add","operator":"="},{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"remove","operator":"="}]},{"id":"8ed55251-af91-40fd-a1ca-73c93962c445","order":37,"text":"Your employment ends with immediate effect on [Termination date] (the Termination Date). Because your employment is terminated for serious misconduct, you are not entitled to notice of termination or to payment in lieu of notice, and none is provided. You will be paid all amounts owing to you up to and including the Termination Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"add","operator":"="}]},{"id":"22f4104f-8ed5-47a4-bd92-fce66d928b51","order":38,"text":"The minimum period of notice set out in this letter has been calculated by reference to your period of continuous service with the Employer, and includes the additional week required where an employee is over 45 years of age and has completed at least two years of continuous service. Where any applicable contract of employment, modern award or enterprise agreement provides for a longer period of notice, that longer period applies and has been applied.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"remove","operator":"="}]},{"id":"5c6b534f-e065-455d-842d-d32312d661e9","order":39,"text":"8. REDUNDANCY PAY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"redundancy","type":"add","operator":"="}],"sectionNum":"S08"},{"id":"544a52a9-765a-4be5-821d-f69a1c802e1b","order":40,"text":"You will be paid redundancy pay of [Amount] (gross), representing [Number] weeks' pay at your base rate of pay for your ordinary hours of work.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"redundancy","type":"add","operator":"="},{"field":"fc8e02ab-71a9-40fc-8d75-5151f5467cdb","value":"exempt","type":"remove","operator":"="},{"field":"fc8e02ab-71a9-40fc-8d75-5151f5467cdb","value":"short","type":"remove","operator":"="}]},{"id":"73a37747-be91-4400-a781-c7d49761de0b","order":41,"text":"That amount has been calculated in accordance with the scale in section 119 of the Fair Work Act 2009 (Cth), which provides for the following redundancy pay periods by reference to an employee's period of continuous service with the employer on termination: at least 1 year but less than 2 years, 4 weeks; at least 2 years but less than 3 years, 6 weeks; at least 3 years but less than 4 years, 7 weeks; at least 4 years but less than 5 years, 8 weeks; at least 5 years but less than 6 years, 10 weeks; at least 6 years but less than 7 years, 11 weeks; at least 7 years but less than 8 years, 13 weeks; at least 8 years but less than 9 years, 14 weeks; at least 9 years but less than 10 years, 16 weeks; and at least 10 years, 12 weeks. Redundancy pay is calculated at the base rate of pay for ordinary hours and does not include overtime, penalties, allowances, bonuses or loadings. Where an applicable modern award, enterprise agreement or contract provides a more generous entitlement, that entitlement applies and has been applied.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"redundancy","type":"add","operator":"="},{"field":"fc8e02ab-71a9-40fc-8d75-5151f5467cdb","value":"exempt","type":"remove","operator":"="},{"field":"fc8e02ab-71a9-40fc-8d75-5151f5467cdb","value":"short","type":"remove","operator":"="}]},{"id":"4f1c326f-6324-442a-8f56-b383667be864","order":42,"text":"The Employer has not reduced, and will not unilaterally reduce, the redundancy pay to which you are entitled. Any reduction on the ground that the Employer has obtained other acceptable employment for you, or cannot pay the amount, can only be made by determination of the Fair Work Commission on application by the Employer under section 120 of the Fair Work Act 2009 (Cth).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"redundancy","type":"add","operator":"="},{"field":"fc8e02ab-71a9-40fc-8d75-5151f5467cdb","value":"exempt","type":"remove","operator":"="},{"field":"fc8e02ab-71a9-40fc-8d75-5151f5467cdb","value":"short","type":"remove","operator":"="}]},{"id":"dbdef967-7583-4159-81c4-9b3f3d5bd865","order":43,"text":"Your redundancy payment is a genuine redundancy payment for the purposes of the Income Tax Assessment Act 1997 (Cth). A tax-free amount is calculated by reference to your completed years of service and the thresholds applying in the relevant income year, and any amount above that threshold is taxed as an employment termination payment. You will receive an employment termination payment summary. You should obtain your own advice about the taxation of these payments.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"redundancy","type":"add","operator":"="},{"field":"fc8e02ab-71a9-40fc-8d75-5151f5467cdb","value":"exempt","type":"remove","operator":"="},{"field":"fc8e02ab-71a9-40fc-8d75-5151f5467cdb","value":"short","type":"remove","operator":"="}]},{"id":"32762caa-4d34-4963-8cc1-60fafeb23a17","order":44,"text":"The Employer is a small business employer within the meaning of section 23 of the Fair Work Act 2009 (Cth). Accordingly, and subject to any more generous entitlement under an applicable modern award, enterprise agreement or contract of employment, the obligation to pay redundancy pay under section 119 of that Act does not apply to the termination of your employment by reason of section 121(1)(b). Your entitlement to notice of termination, and to payment of your accrued entitlements, is unaffected and is dealt with in this letter.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"fc8e02ab-71a9-40fc-8d75-5151f5467cdb","value":"exempt","type":"add","operator":"="},{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"underperformance","type":"remove","operator":"="},{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"remove","operator":"="}]},{"id":"0a878e9e-07aa-46c6-b2b5-c5765279268c","order":45,"text":"Your period of continuous service with the Employer, immediately before the time of termination or at the time you were given notice of termination (whichever happened first), is less than 12 months. Accordingly, and subject to any more generous entitlement under an applicable modern award, enterprise agreement or contract of employment, the obligation to pay redundancy pay under section 119 of the Fair Work Act 2009 (Cth) does not apply to the termination of your employment, by reason of section 121(1)(a) of that Act. Your entitlement to notice of termination, and to payment of your accrued entitlements, is unaffected and is dealt with in this letter.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"fc8e02ab-71a9-40fc-8d75-5151f5467cdb","value":"short","type":"add","operator":"="},{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"underperformance","type":"remove","operator":"="},{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"remove","operator":"="}]},{"id":"9fc958c3-6faa-4512-bb4e-f6e712d5c2cc","order":46,"text":"9. FINAL PAY AND ACCRUED ENTITLEMENTS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"sectionNum":"S09"},{"id":"b9bc12cd-da33-4ab4-bee7-97f28b3a981a","order":47,"text":"Your final pay will be paid to your nominated bank account on or before [Final pay date] and will comprise all wages earned up to and including the Termination Date; your accrued but untaken annual leave, paid out in accordance with section 90(2) of the Fair Work Act 2009 (Cth), together with any annual leave loading payable under an applicable modern award, enterprise agreement or contract; any accrued but untaken long service leave payable on termination under the applicable State or Territory long service leave legislation; and any other amount payable to you under your contract of employment, an applicable modern award or enterprise agreement, or legislation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"caabd85e-ab7f-48a8-bcd0-6149e9d7fae7","order":48,"text":"Personal or carer's leave accrued but untaken is not paid out on termination unless an applicable modern award, enterprise agreement or contract of employment expressly provides otherwise. All payments will be subject to lawful deductions, including PAYG withholding. You will receive a payment summary or income statement in accordance with the Employer's obligations to the Australian Taxation Office. If you consider that any amount in your final pay is incorrect, please raise it with the Employer promptly so that it can be reviewed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true},{"id":"1623e2ca-36ce-47dc-b7b3-ea7d77f4720f","order":49,"text":"10. SUPERANNUATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"sectionNum":"S10"},{"id":"5c06cad9-984b-453b-a351-2eb946292a46","order":50,"text":"Superannuation contributions will be made in respect of your ordinary time earnings up to the Termination Date in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth) and paid to your nominated superannuation fund by the applicable due date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"55197e03-659b-46d2-9a3f-32e9af361a6e","order":51,"text":"Any payment in lieu of notice and any redundancy payment are treated in accordance with the applicable superannuation legislation and Australian Taxation Office guidance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"remove","operator":"="}]},{"id":"1d08038f-8ad8-4b21-9747-838562e6b9f7","order":52,"text":"11. RETURN OF EMPLOYER PROPERTY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"sectionNum":"S11"},{"id":"46e9f3c4-e0f1-4c55-86e6-3a96a1e54a8c","order":53,"text":"You must return to the Employer, on or before [Date property must be returned], all property of the Employer in your possession, custody or control. This includes any keys, access cards and security passes; computers, mobile telephones, tablets and other devices; credit cards and fuel cards; motor vehicles; documents, files, records and data in any form, whether original or copied; and all confidential information and any material derived from it. You must not retain, copy, delete or alter any Employer record or data, and you must provide any password or credential reasonably required for the Employer to access its own systems and records.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true},{"id":"4e56516b-6382-4401-a5d5-738d5802afb6","order":54,"text":"12. CONFIDENTIALITY AND INTELLECTUAL PROPERTY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"sectionNum":"S12"},{"id":"55f481d5-e0a0-475d-8d7a-f8456c20ba94","order":55,"text":"Your obligations of confidentiality continue after your employment ends. You must not use or disclose any confidential information of the Employer, its clients or its business partners, whether under your contract of employment, at general law or in equity, except as required by law. All intellectual property created by you in the course of your employment remains the property of the Employer, and you must do all things reasonably necessary to give effect to the Employer's ownership of it. Nothing in this letter prevents you from making a disclosure that is protected or required by law, including a disclosure to a regulator, a protected disclosure under Part 9.4AAA of the Corporations Act 2001 (Cth), or a disclosure to the Fair Work Ombudsman or the Fair Work Commission.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true},{"id":"49aaa60c-4c90-455c-b5c3-97fea8542e9a","order":56,"text":"13. POST-EMPLOYMENT RESTRAINTS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"09a7faea-272d-4fe3-b2f4-809c3c9d2bee","value":"yes","type":"add","operator":"="}],"sectionNum":"S13"},{"id":"e6bd2f43-ef6f-45d7-bd24-7626cdbfdcc4","order":57,"text":"Your contract of employment contains post-employment restraints. Those restraints survive the termination of your employment according to their terms and the Employer expressly reserves all of its rights in relation to them. You should read those provisions carefully, and obtain your own advice about them if you are in any doubt about their operation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"09a7faea-272d-4fe3-b2f4-809c3c9d2bee","value":"yes","type":"add","operator":"="}]},{"id":"c8b57609-d533-4cb3-9b4a-b1ca016e87f4","order":58,"text":"14. DEED OF RELEASE AND SEPARATION PAYMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"c2c0a1ac-e873-44bb-9224-b0936c3ba03a","value":"yes","type":"add","operator":"="}],"sectionNum":"S14"},{"id":"c3639aa6-dd70-439a-a8f4-eb4ba5e5aca8","order":59,"text":"In addition to the payments described in this letter, the Employer is willing to pay you an ex gratia separation payment of [Amount] (gross, less any applicable tax), in consideration of your entering into a deed of release in a form acceptable to the Employer. That payment is offered without admission of liability and is conditional on execution of the deed. It is in addition to, and not in substitution for, your statutory and contractual entitlements, which will be paid to you whether or not you sign the deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c2c0a1ac-e873-44bb-9224-b0936c3ba03a","value":"yes","type":"add","operator":"="}]},{"id":"c26d0724-684b-48a5-ab41-80757c12adce","order":60,"text":"A copy of the proposed deed is enclosed. You are under no obligation to sign it. You are encouraged to obtain independent legal advice before doing so, and you will be given a reasonable period in which to consider it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"c2c0a1ac-e873-44bb-9224-b0936c3ba03a","value":"yes","type":"add","operator":"="}]},{"id":"866531b1-f127-40af-b717-ceb0e36175f8","order":61,"text":"15. STATEMENT OF SERVICE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"sectionNum":"S15"},{"id":"d1cbae89-7df8-4260-b9d4-2ba6e4fd409f","order":62,"text":"The Employer will provide, on request, a statement of service confirming the position you held and the period of your employment. The Employer will also provide the employment records and pay records it is required to keep and to make available under the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true},{"id":"28024e3c-6720-4f97-80fd-ac6dd1094a64","order":63,"text":"16. SUPPORT AVAILABLE TO YOU","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"9df5c356-cfa9-4eca-9a72-a934b92c5d2e","value":"yes","type":"add","operator":"="}],"sectionNum":"S16"},{"id":"4afb00ca-d4d6-40c3-93ff-70be80156b4e","order":64,"text":"The Employer recognises that the end of employment can be a difficult time. You may continue to access the Employer's employee assistance program for a reasonable period following the Termination Date. Details are available from the contact named in this letter.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"9df5c356-cfa9-4eca-9a72-a934b92c5d2e","value":"yes","type":"add","operator":"="}]},{"id":"be305f66-f50e-4404-96db-139f5c493a1c","order":65,"text":"17. YOUR RIGHTS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"sectionNum":"S17"},{"id":"e3fcbd73-6643-4dab-ae05-45794182bc88","order":66,"text":"The decision to terminate your employment has been made solely for the reason set out in this letter. It has not been made because of, and is not in any way attributable to, any workplace right you have exercised or are entitled to exercise, any industrial activity, any temporary absence from work because of illness or injury within the meaning of section 352 of the Fair Work Act 2009 (Cth) and regulation 3.01 of the Fair Work Regulations 2009 (Cth), or any attribute protected by section 351 of that Act or by applicable anti-discrimination legislation, including race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"585d090b-704b-4232-9904-6c3be07933f6","order":67,"text":"If you believe that your dismissal was harsh, unjust or unreasonable, you may be entitled to make an application to the Fair Work Commission for an unfair dismissal remedy under section 394 of the Fair Work Act 2009 (Cth). Any such application must be made within 21 days after the dismissal takes effect. Other rights may also be available to you, including under the general protections provisions in Part 3-1 of that Act and under anti-discrimination legislation, and those rights are also subject to strict time limits. Information is available from the Fair Work Commission and the Fair Work Ombudsman. Nothing in this letter is intended to limit any right or entitlement you have under the Fair Work Act 2009 (Cth), the National Employment Standards, any applicable modern award or enterprise agreement, or any other law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true},{"id":"a7087140-2a73-455b-a744-f143629cef55","order":68,"text":"18. GENERAL","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"sectionNum":"S18"},{"id":"aa628824-276b-4dab-9a4c-794ad3cc86f6","order":69,"text":"If you have any questions about this letter, your final pay or your entitlements, please contact [Contact name] on [Contact telephone] or at [Contact email]. This letter is given to you in writing and takes effect on the date it is given. If any part of this letter is found to be invalid or unenforceable, the remaining parts continue to apply. This letter is governed by the laws of New South Wales and the Commonwealth of Australia.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true},{"id":"be11066a-c8ac-4aa2-9a55-f7cc757169e3","order":70,"text":"The Employer thanks you for your service and wishes you well for the future.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"remove","operator":"="}]},{"id":"bef4c067-16a9-4838-a6df-033ddc4c0b1e","order":71,"text":"The Employer requires you to comply with the obligations set out in this letter, and reserves all of its rights.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true,"displayConditions":[{"field":"b15ad6a9-5219-42ce-8b49-4d25d32168d8","value":"serious misconduct","type":"add","operator":"="}]},{"id":"6232ed93-b887-473e-b865-0076b898a0ce","order":72,"text":"Yours sincerely,","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"43148a05-b0ce-41f8-8c6c-f3dd6eb35261","order":73,"text":" ","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"700c87e5-616e-4655-93d8-f4ff7d5bb0f9","order":74,"text":"[Name of signatory]","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"2","cflou":false,"active":true},{"id":"2ee6560e-d233-41ff-ae5b-8c92cd741bec","order":75,"text":"[Position of signatory]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true},{"id":"36c6d6c9-1a13-432d-8f47-522855a3a026","order":76,"text":"For and on behalf of [Employer legal name]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"3ea737d9-190e-4c0f-8a6b-997ca1b23342","order":77,"text":"19. ACKNOWLEDGEMENT OF RECEIPT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"sectionNum":"S19"},{"id":"2f0c0f6f-27f4-462e-902b-921013da129d","order":78,"text":"Signing below acknowledges receipt of this letter only. It is not an acceptance of its contents and does not waive any right you may have.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"7cb5dc52-7c9a-4cde-9982-5cc40c9f76c4","order":79,"text":"Signed: ...................................................... Date: ......................................","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"96ad8a00-330b-41a2-b685-0359ac32ea9c","order":80,"text":"[Employee full name]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"0","cflou":false,"active":true}]