Is Your Executive Exit Fair To You?
You are a senior employee being pushed toward the door, and the terms on offer 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 Rank does not shift that burden.
What if you are offered a negotiated exit?
Many senior departures are handled through a quiet settlement instead of a formal dismissal letter, often to protect both sides’ reputation. That approach is common and not unfair by itself.
A settlement offer is still worth reading closely before you sign, including what claim or entitlement you might be giving up in exchange for it.
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.
A release you sign can sometimes be reopened later if you signed it under pressure or without a fair chance to review it first.
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. That figure is worth knowing when you weigh a settlement against that route.3
What can a lawyer clarify before you decide?
A lawyer cannot promise a result, but a short review before you sign can show whether the offer on the table reflects your position. That review also covers constructive dismissal if pressure, not a genuine business reason, is behind the exit.
It also covers whether a confidentiality clause is ordinary for your industry or unusually wide for your situation.
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.
Get a second read on the terms while the Section 20 window is still open behind you. Then work out your exact deadline so you know how much time that leaves.
If your exit is being negotiated, knowing what a claim could look like helps you judge the offer on the table. Tell us what has been proposed and we can help you see where you stand.
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. Comparing the offer with what a claim could realistically look like helps you decide.
Does a confidentiality clause stop me from speaking to a lawyer?
A standard confidentiality clause usually covers what you say publicly, not a private conversation with your own lawyer before signing. Read the exact wording, since terms vary between agreements.
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 your exit is being negotiated, knowing what a claim could look like helps you judge the offer on the table. Tell us what has been proposed and we can help you see where you stand.