Executive Unfair Dismissal Solicitors - Litigation Lawyers Australia

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Our specialist employment law solicitors handle unfair dismissal and constructive dismissal compensation claims for executives under the Fair Work Act 2009 (FWAct) that has been in force since 2010. Consideration of financial award might have a different benchmark for executives than a regular employee, consideration must be given by the Fair Work Commission (FWC) to all matters that are relevant during the assessment process for an award of compensatory damages, those matters could include the executives’ capacity within a company or corporation, their responsibilities and seniority, as well as the reason for an alleged wrongful termination of employment. According to law, the FWC must require reinstatement when appropriate; however, it is rarely appropriate to reinstate an executive that has been dismissed, or in the case of constructive dismissal it would almost never be considered appropriate unless there has been a change in ownership or management since the termination.

Fair Work Commission Criteria

Justification of a compensation claim for unfair dismissal requires that an executive’s termination of employment was unlawful; it is a necessity to fulfil these criteria of the FWAct:

  • executive must have been dismissed; it cannot have been a redundancy (or pending redundancy)
  • minimum 6 months employment (firms with a minimum of 15 employees)
  • minimum 12 months employment (firms with a maximum of 15 employees)
  • ‘harsh, unjust, or unreasonable’ dismissal in accordance with FWAct
  • in accordance with Small Business Fair Dismissal Code
  • application made within a 21-day period after termination (to the FWC)
  • salary must not be more than 133,000 AUD, as of 1 July 2014 (scheduled for review every July)
  • covered under a “modern award” or pre-2009 award
  • covered under an “enterprise agreement”

Specialist Employment Solicitors

Executives that were dismissed require legal advice, which could be very urgent to their financial well-being. Take the necessary legal guidance and counsel from a knowledgeable and experienced unfair dismissal solicitor. This advice could be crucial in either negotiating that severance package and/or prior to signing any document to include a deed of release or a deed of settlement that may contain undesirable or unacceptable restrictions or a restraint of trade clause. To speak with an expert lawyer or setup a consultation, simply email our office or complete and send a contact form, or phone the helpline.

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