Executive Law

Executive Claim

Unfair Dismissal

Unlawful Dismissal

Discrimination

Harassment

Redundancy Law

Executive Contracts

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Deed of Release

The Fair Work Act 2009 (FWA) entitles all employees including managers and executives who have been in employment for more than a year to redundancy pay in the event that their job position is no longer available due to economic, market, structural or technological changes. Strictly speaking under law a redundancy occurs when an employer decides that they no longer want the employee’s job done by anyone and terminates that employment or when the employing business becomes insolvent or bankrupt.

Managers Genuine Redundancy?

It is not a genuine redundancy situation for a manager or executive if it is reasonable for that employee to be redeployed within the employers business or relocated to an associated business. In this case the alleged redundancy is an unfair dismissal with appropriate compensation payable.

Management Redundancy Pay Entitlement

There are complex rules that apply to some employees including managers and executives in regards to their entitlement to redundancy pay and it is to their advantage to take qualified legal advice however the following categories are generally not entitled to redundancy pay :-

• less than 12 months continuous service
• employed by firm with less than 15 employees
• casual or fixed term or seasonal employees
• termination due to misconduct
• employees on fixed term training
• apprentices
• employees to whom modern award scheme applies
• employees to whom an enterprise agreement applies in certain circumstances

Sham Redundancy

There are some cynical employers who want to remove a manager or executive, who calculate that it is cheaper to allege that an employee is being made redundant rather than pay compensation for unfair dismissal or unlawful dismissal. In these cases the manager or executive can claim that they have been dismissed in an application to FWA.

Employers Bankruptcy & Insolvency

In the event of the employer becoming bankrupt or insolvent and unable to pay the redundancy entitlement, a claim for financial assistance can be made to the General Employee Entitlements and Redundancy Scheme (GEERS) which is government funded. GEERS may pay unpaid wages, unpaid annual leave, unpaid long service leave, money in lieu of notice and redundancy entitlement.

Specialist Executive Employment Solicitors

Our specialist employment solicitors offer free advice on redundancy pay to managers and executives without any further obligation. Just complete the contact form and a solicitor will call you with information on how to preserve your legal rights. Time limits do apply in most cases and you should not delay taking independent legal advice.