3.

Executive/Director Advice

Executives and directors hold unique senior positions and can face unexpected events, unwarranted complaints, and other challenges in the workplace, particularly when dealing with organisational change and other senior personnel. We represent directors, executives, and senior management, providing advice and guidance to help them deal with a range of workplace issues and to ensure they comply with their legal obligations.

Contracts

An employment contract sets out the terms and conditions of employment, including remuneration, benefits, responsibilities, and termination provisions, and helps manage expectations. Many such contracts will also contain confidentiality and restraint provisions as well as non-disclosure clauses. Obtaining legal advice when negotiating and drafting employment contracts will help to ensure compliance with various employment laws and regulations related to minimum wages, working hours, leave and other entitlements under state and federal legislation.

Termination

Terminating an employment relationship, whether initiated by the employer or the executive, requires careful consideration of legal obligations and potential liabilities. Legal advice can help executives and directors understand their rights and responsibilities, as well as the appropriate procedures and documentation required for a lawful termination.

Restrictive Covenants

Many executives and directors are subject to post-employment restrictions, such as non-compete, non-solicitation, or non-disclosure clauses. These clauses limit the executive’s activities after leaving an organisation. Legal advice is essential for both parties prior to entering into such an agreement to understand the enforceability and scope of these restrictions.

Discrimination and Harassment

Executives and directors should be aware of their rights and responsibilities in relation to discrimination and harassment in the workplace. Legal advice can help individuals understand the laws protecting them from discriminatory practices and guide them if they experience or witness such behaviour or are accused of such conduct.

Workplace Health and Safety

Executives and directors have a duty of care to ensure a safe and healthy work environment. Legal advice can help them understand their obligations under Victorian occupational health and safety laws, implement appropriate policies and procedures, and respond effectively to workplace incidents or accidents.

Directors’ Duties

Directors have several fiduciary and statutory duties, which generally require them to act in the best interests of the company. More specifically, directors must:

  • avoid conflicts of interest and not use their position for personal gain
  • run the company with care, skill, and diligence
  • act in good faith and in the best interests of the company
  • maintain proper records and prepare financial reports
  • prevent insolvent trading

We can advise directors of their duties and obligations and provide guidance ona range of corporate governance matters and regulatory compliance.

Collective Bargaining, Industrial Relations and Dispute Resolution

We can provide legal advice to executives and directors who are involved in collective bargaining or facing industrial disputes. This includes negotiating enterprise agreements, managing industrial action, and resolving disputes in accordance with the relevant legislation.

If a dispute arises between an executive or director and their employer, we can help to explore options for dispute resolution, such as negotiation, mediation, or litigation. We will assess the strengths and weaknesses of the case, strategise on the best approach, and represent your interests during the dispute resolution process.

If you need any assistance, contact one of our lawyers at [email protected] or call¬†03 9600 2508 for expert legal advice.