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Process
Our methodology begins with a forensic review of the executive's employment contract, incentive plans, and company policies to establish the baseline for negotiation. We analyze entitlements to notice, redundancy pay, bonuses, long-service leave, and equity vesting, often referencing the National Employment Standards and relevant modern awards. A critical step involves assessing claims for unfair dismissal or adverse action under the Fair Work Act, where applications must typically be lodged within 21 days of termination. We then engage in structured negotiations, aiming to secure packages that can be 20-50% above statutory minimums, before drafting legally binding settlement agreements. For detailed insights into severance tailored to specific professions, review our guide on Severance Pay For Project Managers.
Local Considerations — Australia
The application of severance law for executives varies across Australia's major commercial hubs. In Sydney's competitive finance sector, packages frequently include complex bonus clawbacks and restrictive covenants, while in Melbourne's technology and manufacturing sectors, redundancy structures and intellectual property rights are paramount. The mining and resources sectors in Perth present unique scenarios involving fly-in-fly-out arrangements and project-based incentives. Our national practice adapts to these regional economic drivers, ensuring our advice is contextualized to the specific industry norms and legal precedents of the executive's location, whether in Brisbane, Adelaide, or a capital city.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Negotiation Timeline | 4-8 weeks |
| Standard Notice Period (Executives) | 3-6 months |
| Common Redundancy Pay Entitlement | Up to 16 weeks |
| FWC Application Deadline | 21 days from dismissal |
Standards & Compliance
- Fair Work Act 2009
- National Employment Standards
- Corporations Act 2001
- Common Law Contractual Principles
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Our team reviews your project and issues an initial report at no cost.
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Frequently Asked Questions
What legal protections exist for executives facing termination?
Executives are protected by the unfair dismissal provisions and general protections of the Fair Work Act, provided they earn below the high-income threshold, and always by the terms of their contract and common law rights against wrongful dismissal.
How are executive bonuses and long-term incentives treated in severance?
Treatment depends on contract wording and plan rules. Pro-rata bonuses for the period worked are often negotiable, while vesting of equity may be accelerated or preserved, requiring careful legal analysis.
What is the process for disputing a termination or severance offer?
The process typically involves lodging an application with the Fair Work Commission within 21 days for conciliation, which can lead to a enforceable settlement or, if unresolved, proceed to a formal hearing.
How much does severance pay advice for executives cost in Australia?
Costs depend on case complexity, negotiation duration, and required documentation. Each listed firm provides fixed-fee options for initial assessments and negotiates costs transparently. For a specific 2026 matter, we recommend requesting a tailored proposal based on your contract and circumstances.