The unlawful termination of employment can be a devastating experience with significant consequences not only for an executive but also for his/her family.
Employment law case watch
Constructive dismissal
What are the legal consequences if you are forced into resigning? Will you lose the legal rights you would have had if you were dismissed?
Repudiation: employee’s position advertised behind her back
Mrs. Vabec, an experienced chef and caterer of fifteen years standing, had been employed at Southgate’s River Walk Café as head chef for eight months.
Employers may be liable for providing negligent references on behalf of former employees
Mr. Spring had recently been dismissed from his job as sales director and office manager for a life insurance company, Guardian Assurance.
Demotion as a repudiation, not a variation, of an employment contract
The applicant, Mr. Russian, was employed as manager of Woolworths’ West Lakes store. On 9 November 1994 he attended a meeting with Woolworths senior management, at which he was accused of misconduct.
Constructive dismissal: employer varies contract, requiring unreasonable goals be met
Ms Roberts was employed as a consultant by recruitment company Linkstaff International in 1992. Her responsibilities included meeting billing targets of a little over $3,000 per month.
Legal expenses incurred in enforcing period of notice held to be tax-deductible
Mr. Romanin was engaged on a temporary basis as acting General Manager and Company Secretary for University Co-operative Bookshop Ltd (the Co-op). He subsequently sought permanent employment as General Manager and CEO.
An employee’s refusal to relocate may justify their termination
Dr. Kweifio-Okai was employed as a Senior Lecturer in Anatomy and Physiology by RMIT University. His contract of employment included a condition that he would be ‘based at the Bundoora Campus but may be required to work at other campuses’.
Microsoft executive terminated before he could exercise $14m share options
Mr. Canizales was a highly paid Microsoft executive working in the United States. He was invited to take up a position in Sydney to develop and work with the ‘ninemsn’ joint venture between Microsoft
A managing director is an employee as well as a director
The assault in question had occurred during a directors’ meeting the year previous, wherein Mr. Anderson produced a revolver and proceeded to shoot his co-directors, seriously injuring two of them.