Termination of Employees
Unfair Dismissal Claims
When implementing excellent policies and procedures, you may still find yourself in situations where disgruntled ex-employees feel as though they have been unfairly dismissed.
It is important for businesses to obtain early and ongoing legal advice in order ascertain whether the dismissal is “sound, defensible or well founded” and what steps need to be taken next to ensure a prompt and unobtrusive resolution. Our experienced employment law team will represent you through negotiations, mediation, conciliation and any potential proceedings in the Federal Court of Australia.
Our goal is to protect your interests in the most cost effective and time efficient manner. The sooner we are retained to act on your behalf, the sooner we can assist in a satisfactory resolution of the matter and prevent/minimise any costly court proceedings.
Notice and Redundancy
We understand that terminating employees is not easy, even in circumstances that clearly warrant termination of an employee. Our employment law team assist in alleviating the many troubling aspects of the task of termination. We ensure risks associated with this task are minimised for you and your business by guiding you through the process.
In particular, we assist employers who are undergoing operational or structural change and need to make certain positions redundant. We assist in ensuring the provisions of all relevant laws, modern awards, enterprise agreements and employment contracts are complied with, mitigating the business’s risk of an unfair dismissal or other claims being brought by the employee. We also ensure that the employer has met its obligations in relation to employee’s entitlements such as notice periods and any payouts.
The difficulties faced when dismissing an employee are amplified when dismissing an executive employee and encompasses more complex issues.
Executive employees ranges from any individual who performs managerial functions to chief executive officers.
Executive employees are highly valuable to their employers and are entrusted with commercially sensitive and conformational information, intellectual property and receive considerable remuneration packages.
Executives are often highly paid employees who have the financial ability to dispute a dismissal making it especially important when terminating an executive employee that employers and directors seek advice on:
- Key contractual terms;
- Termination issues;
- Negotiating settlements; and
- Litigation risks.