find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Legal minefield gets more tangled

Legal minefield gets more tangled

THE TERMINATION of senior executives could become a “legal minefield” for companies, Harmers Workplace Lawyers has warned. The industrial relations specialists said that there have…

THE TERMINATION of senior executives could become a “legal minefield” for companies, Harmers Workplace Lawyers has warned.

The industrial relations specialists said that there have been several recent cases in Australia that indicate that senior executives who believe they have been treated unfairly are no longer leaving quietly through the back door.

Bronwyn Maynard, Senior Associate at Harmers Workplace Lawyers, speaking at the Clayton Utz seminar, said that senior executives are likely to challenge termination where they feel they have been unfairly dismissed, or believe their reputation has been unduly tarnished.

“A number of recent decisions of Australian courts have recognised ‘implied terms’ in employment contracts, including the implied terms of mutual trust and confidence, and found that the company’s actions have been in breach of those terms,” she said.

“While companies need to have a level of trust and confidence in the executives they employ to run their companies, this relationship is reciprocal.”

The complexity of the issues involved in these overlapping areas of law guarantee that lawyers will continue to fan the flames of the debate.

Aside from avenues for remedy in contract and trades practices law, senior executives also have recourse to a growing body of discrimination case law. Case in point for the legal profession is the recent Switalski decision in the United Kingdom, where an in-house lawyer at F&C Asset Management was awarded £19 million ($40 million) for her claim of sex discrimination and workplace bullying.

Barrister Kate Eastman told an audience of workplace relations lawyers she believes the Switalski decision will have significant implications for large corporate entities, including law firms.

Recent amendments to the Equal Opportunity Act in Victoria effective from 1 September mean that employers in the state will also need to be more responsive to reasonable requests for family care arrangements — an ongoing challenge for firms who walk an increasingly fine line to balance their client obligations, bottom line and employee expectations

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Legal minefield gets more tangled
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Oct 20 2017
Podcast: One of law’s most infamous alumni – in conversation with Julian Morrow
In this episode of The Lawyers Weekly Show, Melissa Coade is joined by The Chaser’s Julian Morrow....
Oct 20 2017
High Court overturns ‘excessive’ anti-protest legislation
Bob Brown’s recent victory in the High Court over the Tasmanian government was a win for fundament...
Oct 20 2017
Changes to Australian citizenship laws blocked
Attempts to beef up the requirements to obtain Australian citizenship were thwarted this week, after...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...