What Are My Legal Rights After Being Dismissed As An Executive In WA?

Losing a senior role can feel sudden and unsettling, especially when contracts, incentives, and your reputation are all on the line at once. This kind of exit is often more complex than a standard termination, and the first step is to slow things down, gather your paperwork, and understand the legal levers available before reacting. This situation is often called an executive dismissal, and it comes within employment law for executives.

Start With Your Contract And Policies

Pull out your employment contract, any incentive plans, board or remuneration committee letters, and company policies referenced in your contract. Focus on clauses about notice, payment in lieu, bonus eligibility, long‑term incentives, redundancy, “good leaver/bad leaver” definitions, and any misconduct triggers. Check whether termination occurred for performance, misconduct, redundancy, or “without cause”, because each pathway carries different rights.

Match your contract terms to relevant company policies to see if processes were followed, including any investigations, warnings, or performance plans promised to you. A reputable employment law firm can coordinate strategy across your contract, Fair Work options, and any regulatory angles.

Was The Dismissal Lawful?

In Australia, many executives fall under the national Fair Work system, but some WA employers operate in the state system, so your pathway depends on the entity structure. Unfair dismissal may be available if you meet service requirements and are not excluded by the high‑income threshold, unless an award or enterprise agreement covers you.

If unfair dismissal doesn’t fit your situation, you may be able to bring a general protections claim if you were let go for using your workplace rights – such as taking leave, making a complaint, or taking part in protected activity. You could also consider a discrimination claim if a protected attribute influenced the decision, and whistleblower protections may apply if you made a protected disclosure under the Corporations Act. Employment lawyers in Perth are there to guide you through the matter.

Notice, Redundancy, Bonus, And Equity

Even when let go, you are usually entitled to notice or payment in lieu, and your contract may provide more generous terms than the legal minimums. Redundancy must be genuine, follow the required process, and attract redundancy pay unless an exception applies, such as a small business carve‑out or a contractually agreed alternative. Bonuses often turn on precise plan wording, including whether you must be “employed at payment date” and whether boards retain discretion.

Specialist executive employment lawyers understand board processes, bonus schemes, and equity rules. Equity awards, options, and RSUs frequently depend on “good leaver” status, vesting dates, and malus or clawback rules, so map each grant line by line and test it against the plan and the termination reason.

Restraints, Confidentiality, And Reputation

Post‑employment restraints are enforceable only to the extent they are reasonable in scope, duration, and geography, and should go no further than needed to protect legitimate business interests. Many contracts use cascading restraints, which courts can “blue‑pencil” to a reasonable level, so a lawyer can help you assess the real risk.

Your confidentiality and intellectual property duties usually continue after your job ends. Keeping to them helps protect your professional reputation. Ask for an agreed reference or a neutral confirmation of your employment. If any false statements have been made about you inside or outside the company, you should seek advice on defamation. Perth employment lawyers can move quickly on filings and negotiations.

Negotiating A Deed Of Release

Most executive exits end with a deed of release that trades final payments for certainty. Focus not only on dollars, but also on non‑financial terms that protect your future: payment timing and allocation, bonus and equity treatment, restraint narrowing, mutual non‑disparagement, confidentiality carve‑outs for family, advisers, and regulators, return of property, IP acknowledgements, and agreed reference wording.

Consider tax treatment, including genuine redundancy concessions where applicable, and whether the company will contribute to your legal fees. Always read the deed against your contract and incentive plan rules before signing. Many executives prefer to work with the best employment lawyers Perth when negotiations turn high‑stakes.

Practical Steps In Your First Two Weeks

• Collect your contract, incentive plans, and policies.
• Write a factual timeline of key events, meetings, and emails while memories are fresh.
• Stop forwarding company material to personal accounts and return devices as agreed.
• Update your personal contact details with payroll.
• Check your visa conditions promptly if you are sponsored.
• Keep your LinkedIn updates measured until the legal pathway is settled.

These matters sit squarely within employment law for executives, and you can benefit from early, targeted advice.

Wrapping Up

If you are in WA, it is a good decision to speak with employment lawyers for clear local guidance. You can also consult executive dismissal lawyers Perth if your matter involves restraints or reputational issues.