Being pushed out of a senior role?
You are a senior employee being shown the door, and the exit terms feel rushed.
You built your career here, and now the exit is being managed like a problem to contain. A senior title does not change the questions the law asks about why you are leaving.
Do executives have the same rights as anyone else?
Yes. The right to claim unfair dismissal under Section 20 covers a workman regardless of salary, so a senior or highly paid employee can claim just as a junior one can.
Your employer still carries the burden of proving a genuine reason at the Industrial Court, whatever your title was.2
What if you are offered a negotiated exit?
A senior departure can be handled as a quiet settlement instead of a formal dismissal letter. That is not unfair by itself.
Read any offer closely before you sign, including what claim or entitlement you give up in exchange.
What should you check before you sign anything?
Read what the agreement says about your bonus, any unvested equity, and restrictions on what you can say about your departure afterward. These terms vary by contract, so check yours rather than assume.
The wording of any release decides which claims you give up, so read it before you sign.
Why does the 60-day clock still matter here?
If talks break down, or the exit turns out to be a dismissal in substance, the same window applies. You have 60 days from your last day to lodge a written claim with the Director General of Industrial Relations.1
Back wages, if a claim succeeds, are capped at 24 months of last-drawn salary for a confirmed employee.3 Weigh any settlement offer against that ceiling.
What can a lawyer clarify before you decide?
Before you sign, a lawyer can check whether the offer fits your position. The same review covers constructive dismissal if pressure, not a genuine business reason, is behind the exit.
A lawyer can also read the confidentiality clause and tell you how wide it is.
What to do this week
Keep your contract, any settlement draft, and the message that started the conversation about your exit. Do not sign anything the same day it is presented to you.
If you want a lawyer to review the terms and negotiate for you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the draft directly to that lawyer before you respond. Work out your exact deadline for a Section 20 claim so you know how much time is left.
If you are a senior employee being asked to leave and are weighing a claim, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the terms proposed so far. An independent lawyer can review the offer and act for you if it is worth pursuing.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Can a senior executive claim unfair dismissal?
Yes. The right to claim under Section 20 covers a workman regardless of salary, so a senior or highly paid employee can claim just as anyone else can. Your title does not remove the right.
What if I am offered a settlement to leave quietly?
A settlement is not automatically unfair, but it is worth understanding what you might be giving up before signing. Compare the offer with the back-wages cap before you decide.
Does a confidentiality clause stop me from speaking to a lawyer?
Read the exact wording of the clause, since terms vary between agreements. A clause aimed at public statements is different from one that names legal advice.
What happens to my bonus or unvested equity if I leave?
That depends entirely on your contract and the scheme rules, so there is no single answer. It is one of the first things worth checking before you agree to any exit date.
Will my seniority slow down or complicate my claim?
No. The process at the Industrial Relations Department and the Industrial Court is the same regardless of your title or salary. What differs is usually the value of what is being discussed.
Sources
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations within 60 days of the dismissal (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a claim reaches the Industrial Court. Mah Weng Kwai & Associates, Unfair Dismissal
- Back wages awarded by the Industrial Court are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer (Second Schedule, Industrial Relations Act 1967). Donovan & Ho, Back Wages at the Industrial Court
Keep reading
If you are a senior employee being asked to leave and are weighing a claim, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the terms proposed so far. An independent lawyer can review the offer and act for you if it is worth pursuing.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.