Executive Law

Executive Claim

Unfair Dismissal

Unlawful Dismissal

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Deed of Release

The Fair Work Act 2009 (FWA) covers managers whose employment has been terminated by reason of unfair dismissal or constructive dismissal. Compensation claims for a managers unfair dismissal must comply with the criteria outlined under FWA as follows :-

• submission of FWA application within 14 days of termination
• the manager must have been dismissed rather than being made redundant
• the termination of employment must have been harsh unjust or unreasonable
• earnings below the ‘salary cap’ or award/enterprise bargaining agreement
• minimum 12 months employment with firm having less than 15 employees
• minimum 6 months employment with firm having 15 or more employees; and
• termination not inconsistent with the Small Business Fair Dismissal Code

Potential Management & Executive Salary Cap - Alternatives

The reality of the criteria outlined in the Fair Work Act 2009 is that most Australian managers will not be eligible for protection under the legislation mainly due to the salary cap. Most middle and senior executives will be prevented from making an FWA application however there may be alternative methods of dealing with managers unfair dismissal compensation claims that depend on contractual terms and conditions or on an enterprise bargaining agreement or on state & federal industrial instruments. The overall effect of this is that most managers will fall back on the terms outlined in their contracts of employment which may give scope for bargaining that may eventually lead to an acceptable settlement often associated with a deed of release which binds both parties.

Specialist Australian Employment Law Solicitors

It really is a matter of great importance that a manager whose employment has been terminated takes legal advice in the event of unfair dismissal. In addition to the FWA and the other remedies already outlined there are a number of other scenarios that may justify taking legal action in a court of law including application on the basis of discrimination or unlawful termination (which is different to unfair dismissal) or breach of contract. There are innumerable possibilities and options to ensure that justice is done. Our specialist employment solicitors deal with managers unfair dismissal compensation claims using the no win no fee scheme. If you would like free advice from an expert lawyer without further obligation just complete the contact form.