Employment Lawyers for Australian Executives
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27th January 2021Call 1300 789 302
27th January 2021
In the event that your employment is terminated by your employer, your ability to claim compensation for financial loss will, as an executive, depend primarily on your common-law contractual rights.
However, before examining your common law position, you should note that it is possible that you may also have statutory rights. These could either be based on State or Federal equal opportunity legislation, unlawful termination, the Competition and Consumer Act 2010 or unfair dismissal rights under the Commonwealth Fair Work Act 2009.
These statutory remedies, particularly those relating to the Competition and Consumer Act 2010, may be particularly valuable.
These alternative/additional causes of action would need to be examined on a case-by-case basis and are briefly reviewed elsewhere on this website. See The Fair Work Act 2009 – Unfair Dismissal and Implications for Executives.
Some of the most important employment law rights and remedies are based on the law of contract. Our legal system has continued to recognise the right of a person whose contract has been wrongfully terminated to commence civil proceedings for compensation. This remains the case.
To summarise, you should adhere to the following rules:
Please note that we cannot stress enough the importance of obtaining early advice. It is very easy to compromise your claim and, once the damage is done, it may be impossible to retrieve your case.
If you wish to instruct Executive Rights Employment Lawyers as your solicitors, please follow this link to a list of documents that we would need in order to properly evaluate your case. (click here)