Employment contract negotiations
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Publish Date: May 15, 2008
LAC Lawyers is being asked increasingly to assist with industrial law disputes involving employers and employees who are located overseas. With the increasing globalization of employment, LAC Lawyers is being requested to advise both employees and employers on a range of issues including unfair and unjust dismissal, remuneration and promotion/demotion disputes, and issues arising from redundancy or from dismissal for operational necessity.
This area of law is complex and is made potentially more challenging by the uncertainty over the timing and extent of the law reform process promised by the Rudd Labor Government.
One such case we handled recently involved an internationally recognised professional working in the medical sector who had been head hunted from a role in the US to a new position here in Australia. Our client was appointed, on a substantial package involving superannuation, travel, expenses, employee share option plans and generous leave provisions, in May 2007 on a full-time basis with a probationary period of three months. Our client’s work performance, reporting directly to the CEO, was exemplary. She completed her probationary employment. Without warning, our client received by email and SMS simultaneous notifications of dismissal based upon the contract of employment’s provision of dismissal upon the basis of four weeks’ notice.
Our client approached us for advice. As a result of our research, LAC Lawyers was able to obtain information to the effect that the private shareholders of the employing corporation were considering a merger which may have involved a change in control. If our client had been made redundant after that change of control, her contractual dismissal package effectively doubled. This may have been the motivating factor for the sudden curtailment of our client’s employment.
LAC Lawyers was able to use this fact, in advising our client, to challenge the basis of the proposed payout terms. These submissions were successful and our client received her legitimate entitlement in accordance with the terms of her contract.
In January 2008, LAC Lawyers received the following email from our client:
Just a short note to advise you that we have successfully concluded our negotiations over the wording of the Letter of Termination. Essentially, we were granted all our monetary demands, leaving in place some of the wording in which we agreed not to sue under the various provisions of U.S. labour laws and one or two other minor points. In all, a satisfactory outcome, achieved thanks in no small measure to your capable guidance.
LAC Lawyers was able to meet our client’s expectations quickly, cost effectively, and successfully.
Contact us now for Fast, Accurate and Timely legal advice
Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email
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