Directors Dismissal - Executive Contracts - Unfair & Unlawful Employment Termination

Our commercial lawyers act on behalf of executives who have been wrongfully dismissed or who have been dismissed in breach of contract. There is legislation in place relating to 'unfair dismissal'; however the Fair Work Act 2009 has a salary cap which ensures that most executives, except those at a very junior level, cannot use the protection and remedies that the statute offers. In the majority of cases, a dismissed director will have to revert to the common law, alleging breach of contract in order to claim compensatory damages for loss. Protection for 'unlawful dismissal' is however available to most executives and is not subject to a salary cap.

SOLICITORS HELPLINE 1800 455 886

Unfair & Unlawful

Wrongful dismissal is categorised as follows :-

• Unfair dismissal occurs under the Fair Work Act 2009 when termination of employment is ‘harsh, unjust or unreasonable’. Unfair dismissal also occurs as a result of ‘constructive dismissal’ where an employer’s behaviour forces the employee to resign. In both cases the salary cap usually precludes legal action in the case of a directors dismissal.

• Wrongful dismissal occurs if a directors dismissal is due to the reasons outlined in the Workplace Relations Act 1996 including family responsibilities, pregnancy, marital status and discrimination due to gender, age, race or nationality.

SOLICITORS HELPLINE 1800 455 886

Breach of Contract

A directors dismissal may not be afforded statutory protection however that does not prevent legal action for damages being taken under the common law, alleging breach of contract. There are many reasons for executives to take legal action in employment matters and apart from a straight directors dismissal in breach of contract, there are other occasions including where an employer seeks to unilaterally impose a variation on an existing contract of employment, without discussion or negotiation. In this case an executive who terminates employment may still take the employer to court to claim compensation. There are many other circumstances that may trigger a directors dismissal or force the executive to hand in notice, all of which should be investigated by an experienced employment lawyer with a view to starting legal action.

SOLICITORS HELPLINE 1800 455 886

Business Litigation

Our employment solicitors represent individuals in employment disputes. If you would like free initial advice from an expert commercial lawyer on whether or not you have a viable legal claim just call the helpline. We will take initial details and advise both on liability and the anticipated amount of any settlement. If after speaking to us you decide to go no further, you will not be charged for any advice. In some circumstances we may be able to deal with a compensation claim using the no win no fee scheme.