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Executive Management

  • 12/07/2018 9:44:00 AM
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Executive Management

Am I a ‘senior’ or ‘executive’ employee under the law?

If you earn more than $145,400, or have a fixed-term employment contract, you won’t be able to access remedies under the Fair Work Act 2009 (Cth) for unfair dismissal claims because you are an ‘executive’ or ‘senior’ employee.


You may also be considered to be in a senior, executive or directing position if you:

  • Are at a senior level in a company, with high level of control over your own employment and the employment of others;
  • You are able to make high level financial and operational decisions;
  • You perform clerical and administrative functions only as a supplementary function of your role.

However, this does not restrict you from accessing remedies for employment matters such as redundancy, unfair dismissal, and any claims in relation to notice, severance or any other executive related matter under the common law.


How are my executive rights protected under the law?


Although the Fair Work Act does not apply to executives most cases, we are able to help you in the following areas by providing highly specialised advice and legal representation:

 

  • Wrongful termination;
  • Facing redundancy;
  • Disputes about bonus and share entitlements;
  • Recovering unpaid wages, commissions and entitlements;
  • Restraint of trade provisions;
  • Notice requirements;
  • Bullying and harassment;
  • Confidential information disputes;
  • Claims under Competition and Consumer Act 2010 (Cth) for misleading and deceptive conduct.

You may also benefit from legal advice in relation to the negotiation of executive contracts, the instigation of performance investigations, and of conduct investigations.


Where can you bring my claim?


We can bring your claim in the following courts:

 

  • Magistrates’ Court – claims up to $100,000;
  • County Court – claims exceeding $100,000;
  • Supreme Court – unlimited, claims exceeding $750,000;
  • Federal Circuit Court;
  • Federal Court;
  • Victorian Equal Opportunity and Human Rights Commission.

If you are an executive who has been dismissed, and you want to navigate your way through the relevant law contact us to discuss your options

 

 

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