Termination of Employment Contracts

I provided some advice to a client who had been made redundant and wanted to know if he could take action against his employer.

His contract provided that a 4 week notice period could be given by either party to terminate his $200k+ position, well over the high income threshold of $158,500, which takes an employee out of the Fair Work Act jurisdiction, so the employer could have terminated his position by giving 4 week’ notice.

However, the employer offered him 4 weeks’ pay in lieu of notice, 8 weeks redundancy pay and an ex gratia payment of another 4 weeks’ pay and also waived all of the trade restraints, preventing him from taking a position in a company which competed against the employer, some of which were probably enforceable, but which also included various confidentiality provisions (though I believe he is nevertheless not allowed to disclose information that is not in the public domain).

In the circumstances, the settlement was inexplicable.  I advised him to sign and accept the offer quickly, which he did.

For advice on termination of employment contracts, see Michael Paterson & Associates

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Chat:
(08) 9443 5383
Correspond:
legaladvice@patersons.com.au
Coffee:
4/88 Walters Drive
Osborne Park
Western Australia 6017
Complete:
the form below…

Please provide your details...