Manager & Executive Dismissals
If you are a manager or an executive, MKI Legal has experience helping people in your situation with the extra complexities of senior dismissals: the income threshold, contract claims, bonuses and equity, restraints and your reputation.
MKI Legal can assist directors, executives and managers who have been dismissed or may be dismissed from their employment.
Senior dismissals raise different questions from most. Here are the main ones.
Can I claim unfair dismissal? Only if you were covered by a modern award or an enterprise agreement, or your annual earnings were below the high income threshold: $190,100 for dismissals from 1 July 2026 ($183,100 in 2025-26). Superannuation is not counted, but some other benefits can be. Many executives earn above it and are not award-covered, so unfair dismissal is often not available. If it is, compensation is capped at the lesser of 26 weeks’ pay and $95,050 (for dismissals from 1 July 2026). See our unfair dismissal guide.
What if I earn more than that? A general protections claim has no income threshold and no cap on compensation. It is available if a reason for the dismissal was a prohibited one, for example that you raised a complaint or concern about your employment, took leave, or because of your age, a disability or your family responsibilities. If you have been dismissed, the 21-day deadline applies.
My contract. Your contract is often where the value lies: the notice period (or payment in lieu), bonuses and incentives, equity or options, and any redundancy or termination payment. If the employer ends the contract in breach of its terms, you may have a claim for damages. If your contract has no notice clause, the law may imply a term that you are entitled to reasonable notice, which for senior employees can be significantly longer than the Fair Work Act minimum. Note that Australian law does not imply a general term of mutual trust and confidence into employment contracts (Commonwealth Bank of Australia v Barker [2014] HCA 32), so a contract claim turns on the express terms.
Restraints and confidentiality. Post-employment restraints are enforceable only if they go no further than reasonably necessary to protect the employer’s legitimate interests. We review restraints before you accept a new role.
WA state system. If your employer is a sole trader, partnership, trust with individual trustees, or a WA public sector or local government body, you are in the WA state system, where the unfair dismissal rules, the salary cap and the time limit (28 days) are different. See our WA state system guide.
Negotiations with Your Employer
We understand that this type of work requires extra sensitivity. We have a lot of experience negotiating with employers, both before and after a dismissal.
We aim to negotiate an exit package that reflects your legal position, which can be more than your bare entitlements. We also take steps to protect your reputation, for example by agreeing what the employer will say about your departure and preventing negative statements.
As standard practice, we negotiate confidentiality terms so the events surrounding the dismissal or potential dismissal are not disclosed.
We usually negotiate mutual releases, so you are protected from future claims by the employer as well.
All our employment lawyers practise exclusively in employment law. That matters in senior matters, where the value often lies in contract terms, incentive plans and statutory rights that a generalist can miss.
Court Proceedings (If Required)
If required, we can represent you in unfair dismissal, general protections, unlawful termination or breach of contract proceedings.
Soon after proceedings are lodged, the parties are usually required to attend a conciliation or mediation. Many of our cases settle at that stage, without the need for a trial.
To give yourself the best chance of a good negotiated outcome, your case needs to be properly put. We identify the contraventions and contract breaches that matter and present them clearly to the employer and its lawyers.
We have been representing managers, executives, employees and contractors in dismissal claims regularly for more than 10 years.
Disciplinary Investigations
If you have not yet been dismissed but you are under investigation, have received a show cause letter, or have been stood down, we can help. We can advise you on the process, help you prepare your response (with or without our name on it), and set out a strategy that protects your legal rights and your reputation. See our pages on allegations, show cause letters and suspension.
Other Matters
Some of the other ways we can help are:
- Arranging tax advice so that a termination package or settlement is structured properly;
- Advising on bonuses, incentive plans and employee share or option schemes, including what happens to unvested entitlements when you leave;
- Protecting your professional reputation through a settlement agreement with non-disparagement, confidentiality and agreed-announcement terms;
- Reviewing restraints of trade and confidentiality obligations before you take up a new role.
Contact us for a free, confidential discussion about your matter. If you have been dismissed, remember the 21-day deadline for Fair Work Commission claims.