The most common and fatal mistake that executives make when considering legal advice about their legal rights, and the strategies to best utilise those rights, is to engage an employment lawyer with a history of representing employers.

Why would that not make sense? Because executives (including employee Directors) must look at their situation from the standpoint of an employee. A lawyer who represents corporations, no matter how capably, will probably struggle to see the employee’s situation from the opposite viewpoint.

McDonald Murholme is pro-business but holds business accountable to the full extent that the law allows, no matter how sophisticated or how bonded the employee executive-client is to their employer.

McDonald Murholme understands better than anyone that all executives and other employees often find it difficult to stand up to an employer who is powerful, and who they have assisted in building the business with undivided loyalty.

McDonald Murholme understands that the employee-director executive places a high value on reputation. Any action taken by McDonald Murholme must put your reputation on equal footing with compensation as the top priority in the delivery of legal service.

McDonald Murholme has represented hundreds of executives and senior employees winning millions of dollars, without making headlines. There are many possible claims for an executive including under the Fair Work Act 2009 (Cth) (not Unfair Dismissal but other more powerful remedies), the Common Law, and the Consumer Law (old trade practices).

Our clients' satisfaction is pivotal to our own success.

  • July 2020

    I wouldn't hesitate to recommend McDonald Murholme. From the initial consultation, right through to the resolution process, the entire team was supportive, knowledgable and approachable and made what can be a difficult situation much easier. Specifically Trent and Alexandra provided a high level of service, and engaged with me in a very personable manner. I am extremely satisfied with the service I received.
  • July 2020

    I couldn't recommend the team from McDonald Murholme more. Mr Sam Nottle was efficient, professional and achieved a wonderful result. If you are questioning whether to go ahead with an employment matter legally, I would urge you to do so. The team at McDonald Murholme made the process easy & reduced all of my anxiety and stress. Thank you again, Mr Nottle & team, I can't express my appreciation enough.
  • June 2020

    I found Arthur Hambas & Katherine Boyles extremely professional & compassionate in my dealings with them. After telling Arthur that I felt the details surrounding my redundancy felt wrong he took on my case & secured me a better payout from my employer. I would not hesitate to recommend Mcdonald Murholme to anyone that has a feeling that something isn't quite right. I greatly appreciate everything you did.
  • May 2020

    Extremely happy with the service received from all the staff members i had to deal with. The lawyer allocated for my case (Michael Kriewaldt) was extremely professional and handled the case very smoothly. Highly recommend their services.
  • May 2020

    I found Arthur Hambas & Katherine Boyles extremely professional & compassionate in my dealings with them. After telling Arthur that I felt the details surrounding my redundancy felt wrong he took on my case & secured me a better payout from my employer. I would not hesitate to recommend Mcdonald Murholme to anyone that has a feeling that something isn't quite right. I greatly appreciate everything you did.
  • April 2020

    The solicitors at the firm were very prompt and actioned my complaint against my employer very quickly. I obtained the result I wanted, in fact, I got a better result than what I had originally asked for. I was very pleased with the results and would highly recommend McDonald Murholme.
  • March 2020

    I would like to say that McDonald Murholme have treated me with nothing but professionalism and also great service. Trent, a principal in the firm is attentive to your needs and will ensure your case is handled with care and mindful consideration to all parameters involved.

Workplace Executive?

Speak to an employment lawyer who has acted for thousands of employees like you.

Frequently asked questions for executives

What claims can I bring under the Fair Work Act 2009 (Cth)?

Whether you can bring a claim under the Fair Work Act 2009 (Cth) will depend on whether you are an employee. Factors such as whether you are involved in the exertive functions of management and administration of the company will determine your eligibility. All employees are protected from adverse action being taken against them for an unlawful reason and from discrimination under the Fair Work Act 2009 (Cth).

Whether you can bring an unfair dismissal claim will also depend on your remuneration. As of 1 July 2020, you need to be earning less than $153,600 to bring an unfair dismissal claim. In the alternative, either a modern award or enterprise agreement must apply to your employment. However, this is fairly unusual for an executive employee.

Can I be liable for involvement in my employer’s contravention of a provision of the Fair Work Act 2009 (Cth)?

Employees can be involved in the contravention of civil penalty provisions of the Fair Work Act 2009 (Cth) with Directors, senior managers, senior employees and human resources managers particularly susceptible. Common areas of civil penalty provisions are breaches of modern awards, adverse action, underpayments, and sham contracting arrangements. A person is involved in the contravention if they:

  1. Aided, abetted, counselled or procured the contravention;
  2. Induced the contravention, whether by threats, promises or otherwise;
  3. Have been directly or indirectly knowingly concerned in or party to the contravention; or
  4. Have considered with others to effect the contravention.

An executive could be held to have been involved in, for example, underpayments of staff if they are aware of the underpayments. If an employee is found to have been involved in the contravention, that person will be taken to have also contravention. This means they risk the imposition of a penalty. If you think your employer is contravening provisions of the Fair Work Act 2009 (Cth) you should remove yourself from the situation, and contact the Fair Work Ombudsman.

Speak to an employment lawyer who has acted for thousands of employees like you.

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