Key clauses to review
- Scope of release: Does it settle all matters (wide release) or only the specific claim? Consider unknown/future claims and the defined “Disputes”.
- Mutuality: Is the release mutual? Are there mutual bars to proceedings, mutual confidentiality and mutual non‑disparagement?
- Employment status: Will a dismissal be recorded as a resignation (other than redundancy)? Is a statement of service included?
- Carve‑outs: Check explicit carve‑outs (e.g., superannuation, workers’ compensation, latent injury, reporting to regulators, protected disclosures, enforcing the deed).
- Restraints & waivers: Does the deed waive or preserve any restraints of trade in your contract? Are confidentiality/IP obligations clarified?
- Payments & tax: What is paid, when, and how characterised (e.g., ETP, unused leave)? Are withholdings addressed? Any set‑off or indemnity clauses?
- Other terms: Legal costs contribution, references, return of property, non‑admissions, jurisdiction, enforcement, and consequences of breach.