Business OS
Human ResourcesTermination & Exit

Mutual Release

This Mutual Release template is used when an employer and employee mutually agree to terminate their employment relationship and release each other from any further claims. It is suitable for a generic Southern African business context.

Updated 15d ago
mutual releaseemployment terminationsettlement agreementemployee exitdispute resolutionSouthern Africa

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

MUTUAL RELEASE AGREEMENT

This Mutual Release Agreement ("Agreement") is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:

{{company_name}}, a company duly incorporated and registered in accordance with the laws of {{country}}, with its principal place of business at {{company_address}} (hereinafter referred to as "the Company");

AND

{{employee_name}}, an adult individual residing at {{employee_address}}, (hereinafter referred to as "the Employee").

The Company and the Employee are hereinafter collectively referred to as "the Parties" and individually as "a Party".

BACKGROUND

WHEREAS, the Employee was employed by the Company in the position of {{employee_position}} commencing on {{start_date}}.

WHEREAS, due to {{reason_for_termination}}, the Parties have mutually agreed to terminate the Employee's employment with the Company, effective {{termination_date}}.

WHEREAS, the Parties desire to fully and finally settle all matters arising out of or relating to the Employee's employment with the Company and the termination thereof, and to release each other from any and all claims, demands, actions, and liabilities of any nature whatsoever, whether known or unknown, arising up to the effective date of this Agreement.

MUTUAL RELEASE OF CLAIMS

1.1. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Company and the Employee, for themselves and their respective heirs, executors, administrators, agents, representatives, successors, and assigns, hereby unconditionally and irrevocably release, acquit, and forever discharge the other Party from any and all claims, demands, actions, causes of action, suits, debts, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, and liabilities of any nature whatsoever, whether in law or in equity, whether known or unknown, foreseen or unforeseen, actual or contingent, which a Party ever had, now has, or hereafter can, shall, or may have against the other Party arising out of or in any way related to the Employee's employment with the Company or the termination thereof, up to and including the effective date of this Agreement.

1.2. This mutual release specifically includes, but is not limited to, any claims arising under {{relevant_labour_laws_e.g._Basic_Conditions_of_Employment_Act}}, common law, or any other statute, regulation, or legal principle, including claims for unfair dismissal, constructive dismissal, discrimination, harassment, breach of contract, unpaid wages (save for those expressly provided for in this Agreement), bonuses, commissions, leave pay, severance pay, or any other form of compensation, benefits, or damages, unless otherwise expressly stated herein.

CONSIDERATION

In full and final settlement of all claims and in consideration for the releases provided herein:

2.1. The Company agrees to pay the Employee a settlement amount of {{settlement_amount}} ({{settlement_amount_words}}) less applicable deductions, to be paid on or before {{payment_date}}.

2.2. The Company further agrees to provide the Employee with a certificate of service and payslip covering the final period of employment.

2.3. The Employee acknowledges that this consideration is fair and adequate and that no further amounts are due or owing by the Company, save for those expressly agreed upon in this Agreement.

CONFIDENTIALITY

3.1. The Parties agree to keep the terms and conditions of this Agreement strictly confidential and shall not disclose them to any third party, except as may be required by law, to their legal or financial advisors, or to immediate family members who are also bound by confidentiality.

3.2. The Employee further agrees to continue to abide by any existing confidentiality or non-disclosure agreements signed during their employment with the Company, the terms of which shall survive the termination of employment and this Agreement.

NON-ADMISSION OF LIABILITY

4.1. This Agreement constitutes a compromise and settlement of disputed claims. It is expressly understood and agreed that the execution of this Agreement shall not be construed as an admission of liability or wrongdoing by either Party, both Parties expressly denying any such liability or wrongdoing.

ENTIRE AGREEMENT

5.1. This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties relating to the employment relationship and its termination.

GOVERNING LAW AND JURISDICTION

6.1. This Agreement shall be governed by and construed in accordance with the laws of {{country}}.

6.2. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of {{country}}.

ACKNOWLEDGMENT AND VOLUNTARY EXECUTION

7.1. The Employee acknowledges that they have read and understood the terms of this Agreement, have been given the opportunity to seek independent legal advice, and are signing this Agreement voluntarily and without coercion, undue influence, or duress.

SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Mutual Release Agreement on the date first written above.

FOR THE COMPANY:

_____________________________

Name: {{company_signatory_name}}

Position: {{company_signatory_position}}

Date: {{date}}

FOR THE EMPLOYEE:

_____________________________

Name: {{employee_name}}

Date: {{date}}

Witnessed by:

_____________________________

Name: {{witness_name}}

Address: {{witness_address}}

Date: {{date}}

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