Legal Bindings of Senior Employees - Are They Also Being Discriminated in a Way

With high pay, large bonuses, share options, and frequent "networking opportunities" at exclusive sporting events and fine restaurants, the lives of business executives and senior managers often appear enviable.

But this perception can easily conceal the real difficulties that are faced daily.

The high-stakes and high-stress nature of executive employment brings with it high rates of bullying and harassment, and difficult arguments about whether performance goals have been achieved and entitlements to additional pay or benefits are due.

For senior sales people, most of their remuneration can be tied to a commission structure that is poorly drafted, or contains wide discretions that mean that determining the correct payment is often very difficult.

When things turn sour and the executive is pushed out, they are left in an extremely vulnerable position. Relationships and reputation are key and enormous damage can be done to future employment opportunities by destructive gossip.

For many senior employees, opportunities to move to competitors are limited by restrictive, at times oppressive restraint clauses in their contract of employment that limit who else they can work for.

Most employees who earn more than $133,000 per annum have no entitlement to unfair dismissal claims. Rather, their options involve a variety of other potential actions, such as claims for breach of contract, or for adverse action or unlawful discrimination.

For some, insurance policies inside and outside of superannuation funds can provide much needed financial assistance to ensure that large mortgages and other financial obligations can be met.

It is vital for employers that they look after and listen to their senior employees who are valuable to the organisation and often difficult to replace.

Simple personality conflicts can degenerate quickly and cause distraction and cost.

Allegations of harassment, discrimination and serious misconduct should be thoroughly investigated, often independently.

Legal advice can assist in ensure sensible steps and solutions that protect those involved.