Executive Rights Employment Lawyers
Lawyer in Melbourne

Initial phone consultation complimentary. Executive rights adopts a conscientious approach to the evaluation of our clients' causes of action and has extensive experience in obtaining excellent results at settlement or at trial, in drafting contracts and in providing employment law advice.

In my opinion therefore the managing director has two functions and two capacities. As managing director he is a party to a contract with the company and this contract is a contract of employment more specifically I am of the opinion that it is a contract of service and not a contract for services. In this regard, you should take important legal advice if it seems liable that your contract of employment is about to be terminated for reasons of redundancy. There are many issues to consider when negotiating an executive employment contract. After all, the reason why the company will hopefully make an offer of employment is because you are astute and will not sign any employment contract that is placed before you. If the company is seriously dysfunctional, you need to find out before you execute the contract of employment. It is extremely important that, during this interviewing process, you receive conscientious diary notes of all discussions that you have had with company executives or recruitment consultants. Requesting to confront the person to whom you would be reporting if that person has not already been included in the interview process. There is small point entering into negotiations with another employer if you're existing contract of employment contains a post employment restraint that purports to forbid you from busy or otherwise being associated with the prospective employer. With respect to the Employment Contract Checklist, it is essential that you reach agreement on the latter issues: On the assumption that the final interview ends on a certain note and it is indicated that an present is liable to be made, interrogate that the letter of offer be very specific. You should not trust any offer of employment with a foreign entity without taking earlier legal advice. You should note that, if you are an expatriate executive, the Executive Employment Contract Checklist is not primarily designed to help you in negotiating a contract of that nature. You should not agree to any arrangement lower which these components can be changed behind the employer has simply consulted with you. Eternal gain legal advice when the employment contract is being created, different or terminated. If the company is only prepared to donate a discretionary bonus or commission scheme, you should pay conscientious attention to the timing of the payment, so that you receive commission payments on a frequent basis. In these circumstances, consideration can be given to bringing the contract of employment to an end, based on the breaches of the employer of its own contract. Normally, the legal principles which determine the deductibility of expenses also apply to the ask of legal costs. The costs in question were management fees rather than legal costs, but the case is nevertheless instructive. Below this Ruling, the latter costs are deductible: Costs incurred in amending an existing employment agreement are deductible, provided the existing agreement allows for such changes. However, costs associated with securing an employment agreement with a fresh employer are not deductible to the employee. All litigation in Australian Courts is conducted in accordance with the Rules of Court. Essentially, such offers are made outer the context of the Court Rules and for this reason can be made even prior proceedings have been filed with the Court. If the contract of employment is going to be terminated, the general rule is that you should let the employer do the terminating.