Employment law matters that we can assist you with
Executive Rights Employment lawyers have extensive experience in assisting senior employees navigate the following issues:
- Reviewing an employment contract before signing
- Facing redundancy or threat of termination of your employment
- Negotiating a severance package
- Checking a Deed of Settlement and Release before signing
- Facing workplace investigations or disciplinary proceedings
- Advising on bonuses and incentive plans
- Your rights when facing an expatriate assignment
- Constructive Dismissal
- Restraint of Trade Covenants
This list is by no means exhaustive.
Many of the matters we handle for our clients are urgent and we are committed to a fast turnaround and competitive and cost-effective pricing of the services that we provide. Client confidentiality is of utmost importance to us.
What issues do you need to address when negotiating an employment contract?
Before signing the employment contract, it is critical to obtain legal advice on the proposed terms and conditions of your employment and their implications for you and for your career and résumé.
Executive Rights Employment Lawyers can draft an Employment Contract for you thereby addressing your rights and concerns. Alternatively, we can provide marked-up changes/advice with respect to a proposed contract that is provided to you by the employer.
We always advise our clients to exercise diplomacy when negotiating with a proposed employer. You need to carefully weigh up the advantages of the career opportunity in accepting the offer of employment compared with the risks of any deficiencies in the proposed contract of employment.
Some of the key issues that need to be addressed in an Executive Service Agreement are:
- Sign-on bonuses
- Share options
- Incentive plans
- Insurance issues
- Severance entitlements
- Motor vehicle/allowance
- Adequacy of remuneration package on offer
- Identity of the employing entity and governing law of the contract
- Proposed role/position title and reporting lines
- Key Performance Indicators – Are they achievable?
- Viability of the company
- Post-Employment Restraints
- Termination provisions and how they interact with restraint provisions
Executives considering expatriate assignments need to pay careful attention to many other additional issues peculiar to working abroad. This may include, for example:
- Children’s education
- Transportation of pets
- Business/First-class air travel
- Insurance – Medical/Life
- Return to home country
- Regular home leave for you and your family
- Safety and personal security issues for you and your family
- Relocation allowances
When an employer deems that the duties and responsibilities of an employee are no longer required to be performed by anyone, a redundancy is deemed to have occurred.
This can also occur when an employee’s duties are divided and redistributed amongst other continuing employees. This is known as fragmentation.
Under the Federal Fair Work Act 2009, a statutory redundancy scheme exists. Based on years of service, this could amount to a payment of up to 12 weeks’ severance pay calculated on base salary.
An employer may have a Redundancy Policy that is more generous than a payout under the Act. That is a critical document that also needs to be assessed. Company redundancy policies can often be very disappointing documents. Many simply restate the employee’s entitlements under the Fair Work Act 2009.
The issue of your redundancy entitlements needs to be considered at the time of your initial appointment. You cannot assume that you will receive a severance payment when your position is made redundant.
If a “Suitable Alternative Position” is offered but declined, an employer may be excused from making a redundancy payment.
You should take urgent legal advice if you believe your employment is about to be terminated on the basis of redundancy. It can be the case that the employer is attempting to dress up a wrongful termination as a redundancy.
Executive Rights Employment Lawyers have extensive experience in providing legal services to middle to senior management employees in Sydney
Executive Rights Employment Lawyers was founded to meet the specific needs of Australian and expatriate executives with respect to their employment law issues. We are client-centered and provide timely and cost-effective legal services to employees from middle management to C-Suite level in Sydney, Melbourne, throughout Australia and in expatriate locations.
The rights of Australian executives are mostly governed by the law of contract. Employment contracts need to be understood and assessed in light of relevant contractual principles. This is the crucial role of an employment lawyer.
With over 20 + years of extensive experience, Executive Rights Employment Lawyers have an impressive track record in assisting Sydney executives to negotiate their employment law issues.