Employment Disputes
Specialist advice for employers and employees to resolve issues affecting livelihoods and the continuation of business. Aptum runs the complex end of the employment market: senior executive exits, restraint of trade enforcement and defence, adverse action claims, and disputes with real commercial consequence.
"They were contactable and relayed information quickly when required. They explained everything and ensured that I understood the specifics. They covered everything. I was confident as I knew I had a strong legal team who had done the work required to win."
What is executive employment dispute resolution?
Executive and senior professional employment disputes sit in a different practice space from routine unfair dismissal work. The amounts at stake are larger, the contracts more complex, the reputational stakes higher, and the commercial context of the dispute shapes the negotiation in ways that don't apply to junior roles.
Aptum runs this work for both sides: for the senior executive negotiating an exit, defending a restraint, or bringing an adverse action claim, and for the employer managing a difficult termination, enforcing a restraint against a departing employee, or defending a claim.
The commercial framing matters. An executive walking away from unvested equity, a deferred bonus, and a two-year non-compete is negotiating over more than notice pay. An employer trying to protect a customer base and a technology stack from a departing head of sales is defending real commercial value. That's the ground Aptum operates on.
How can Aptum help?
Aptum has experience with all types of disputes involving employment agreements and termination, including: negotiating payouts; equity; dismissal and disciplinary investigations; and restraints of trade.
Aptum acts for employees, employers, CEOs and senior executives, blending experience from diverse corporate and commercial environments.
We understand that many employment disputes also carry important considerations such as ensuring an ongoing career or maintaining a healthy company, and factor these priorities into our strategies for resolution.
Where Aptum runs employment disputes
Aptum acts at the executive and senior professional end of the employment market, for employers and for employees, where the commercial value in the dispute is real.
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01
Senior executive exit negotiations.
Structured negotiations for CEOs, directors, and senior executives leaving a business. Covers notice, deferred bonus, vesting acceleration, mutual releases, restraint negotiation, garden leave terms, and reference letters. Usually the highest-leverage engagement Aptum runs on the employment side, and often resolved before any formal proceeding.
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02
Adverse action claims (Fair Work Act Part 3-1).
Claims by employees that the employer took adverse action because of the exercise of a workplace right, complaint, or protected attribute. The reverse onus of proof, meaning the employer must prove the reason for the adverse action, makes these claims particularly powerful. The featured case study below is exactly this pattern.
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03
General protections claims.
Broader Fair Work Act protections against adverse action, discrimination, coercion and workplace right breaches. Filed in the Federal Circuit and Family Court or, with permission, the Federal Court.
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04
Executive unfair dismissal claims.
Fair Work Commission unfair dismissal applications where the executive is within the income threshold, currently a $175,000 high income threshold indexed annually. For executives above the threshold, unfair dismissal isn't available and the pathway is contract law or general protections.
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05
Restraint of trade enforcement (employer side).
Applications for interlocutory injunctions restraining departing executives from breaching non-compete, non-solicit, or confidentiality restraints. Run in the state Supreme Courts. Time-critical: the moment the executive starts breaching, the employer typically has weeks not months to act.
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06
Restraint of trade defence (employee side).
Defence against overreaching restraints. Most restraints as drafted are wider than what a court will actually enforce. Aptum runs the “reading down” defence and negotiates practical exits.
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07
Confidential information and IP claims.
Where a departing employee has taken customer data, product plans, or company IP, the claim runs under equity (breach of confidence), contract (breach of restraint) and, where applicable, the Corporations Act. See our guide on what to do when someone misuses your trade secrets, and our Corporations Law and Directors Duty Disputes service where the employee was also an officer.
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08
Garden leave disputes.
Disputes over the operation of garden leave provisions during notice periods, including whether the executive is being paid the right components (base only, or base plus expected bonus) and whether the garden leave restraint is enforceable.
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09
Bonus and equity disputes on termination.
Disputes over the payment of deferred bonus, the vesting or forfeiture of unvested equity, the exercise of good leaver and bad leaver provisions, and the interpretation of malus and clawback clauses. Cross-refers to our Corporations Law and Directors Duty Disputes service where the equity is share-based.
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10
Sham contracting and contractor misclassification.
Claims that individuals engaged as contractors are actually employees, with substantial back-pay exposure for the engaging business under the Fair Work Act and the ATO's PAYG regime. The tax side usually runs with our Tax Litigation service.
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11
Workplace bullying and harassment claims.
Bullying claims in the Fair Work Commission under Part 6-4B, and harassment and discrimination claims under state anti-discrimination laws and the federal Sex Discrimination Act. Often run alongside adverse action or general protections claims.
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12
Whistleblower disclosure protection.
Employment consequences of protected disclosures under the Corporations Act 2001 (Cth) whistleblower regime, including protection against detrimental conduct in employment. Cross-refers to our Government and Regulatory Litigation service.
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13
Redundancy and workforce restructure disputes.
Disputes over whether a role was redundant, whether consultation obligations were met, and the calculation of redundancy pay. Executive redundancies frequently escalate to full unfair dismissal or general protections proceedings.
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14
Class actions for wage theft and super underpayment.
Cross-referred to our Class Action Disputes service where the matter affects a group of employees.
What stage is your employment matter at?
Where the matter sits determines which Aptum service is the right fit.
I'm a senior executive leaving a business and want to structure the exit properly.
This is the right page. Executive exit negotiations are Aptum's core employment work.
I'm an employer with a departing executive who's about to breach a restraint.
This is the right page. Restraint enforcement is time-critical, usually weeks to act. We run interlocutory injunctions in the state Supreme Courts.
I've been dismissed and want to bring an adverse action or general protections claim.
This is the right page. Adverse action claims are one of Aptum's core practice areas.
I've been served with an adverse action or general protections claim.
This is also the right page. Employer-side defence work runs here.
The dispute involves confidential information or IP the employee has taken.
You may also need our Corporations Law and Directors Duty Disputes service, particularly where the departing employee was also a director or senior officer.
The dispute involves a superannuation trustee claim or a super underpayment class action.
Cross-refer to our Class Action Disputes service for group claims and our Financial Services and Securities Litigation service for super trustee matters.
The dispute has ATO or SRO tax implications, such as contractor misclassification or super underpayment.
Cross-refer to our Tax Litigation service for the tax side.
I'm not sure which category I'm in.
Book the value conversation below. We sort the pathway in the first meeting.
What Aptum brings to employment matters
Nigel Evans
Nigel Evans, Aptum's Managing Director and Co-Founder, leads Aptum's employment disputes practice. Before founding Aptum, Nigel spent 11 years at the commercial Victorian Bar, including work on senior executive employment disputes, restraint of trade enforcement, and complex commercial litigation with employment dimensions. He is listed in Best Lawyers in Australia for Commercial Litigation (2026) and recognised by Doyle's Guide as a Leading Commercial Litigation and Dispute Resolution Lawyer.
David Adason
Nigel is supported by David Adason, Aptum's Associate Director. David has practised commercial litigation exclusively across his career, including a period as Associate to a Justice of the Federal Court of Australia. Doyle's Guide has recognised David as a Rising Star in Commercial Litigation and Insolvency Law. David architected Aptum's project management framework and runs the day-to-day conduct of employment matters, including the urgent injunctive work that restraint enforcement typically requires.
Executive employment is a commercial matter, not just an employment matter
Deferred bonus, unvested equity, restraint of trade obligations, garden leave terms, malus and clawback: the value in most senior executive disputes sits in the commercial contract dimensions of the arrangement, not the base employment law. Running these matters well means understanding the commercial context first.
Restraint enforcement is time-critical
The moment a departing executive starts using confidential information or breaching a non-compete, the employer's leverage starts eroding. Interlocutory injunctions in the state Supreme Courts are usually the right first move, and they need to be filed within days, not weeks. We run these on an urgent basis.
Adverse action claims flip the onus
The reverse onus of proof in Part 3-1 of the Fair Work Act, where the employer must prove the reason for the adverse action, makes these claims particularly powerful for the employee. Getting the pleaded case right at the outset shapes the whole negotiation that follows. The case study below shows this: Aptum settled the matter without needing to file, because the pleaded claim was strong enough.
What makes Aptum different
Specialist expertise
All we do is litigate complex commercial and tax disputes.
Legal intelligence framework
Practical, ongoing risk assessment to focus on the essential.
Project management framework
Routine documented strategy through custom project management.
A harassed employee enabled to leave the business with appropriate compensation
Problem. A female senior executive working in a male dominated business was subjected to severe bullying and emotionally abusive behaviour from various other senior executives in the firm, causing her to suffer psychological injuries that meant she could no longer continue to work.
Aptum’s role. Aptum was engaged to strategise her exit from the business. This involved positioning the client for negotiations with the employer by preparing an adverse action claim under the Fair Work Act.
Our client’s remuneration structure was heavily influenced by performance bonuses, so her resignation would have meant she was no longer entitled to those bonuses. She was also left with severe mental and physical medical issues that meant that she would be unable to work in a similar role or capacity again.
It was important to our client to ensure full vindication, but also to secure her entitlement to the bonuses she had earned.
Outcome. Aptum achieved a significant and early negotiated outcome without having to issue proceedings that enabled our client to leave the business knowing that she would be able to maintain her livelihood and independence.
Recent matter outcomes
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01
An organisation responds to serious allegations against a former employee
Problem. A disability services provider uncovered alleged misconduct by a former IT manager involving false invoicing and supplier arrangements. The organisation needed to recover losses while managing operational and evidentiary complexities. Aptum's role. Aptum investigated the claims, secured urgent asset preservation orders and developed a clear litigation strategy to pursue recovery. Outcome. Aptum assisted the organisation in achieving a successful settlement and recovering value while minimising disruption to its ongoing operations.
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02
A business responds to misconduct by senior employees
Problem. A growing Australian business uncovered alleged misconduct by senior employees who were said to have used company resources to establish a competing enterprise. The dispute raised issues relating to employment obligations, confidential information and intellectual property. Aptum's role. Aptum investigated the allegations, advised on employment and governance issues, and commenced proceedings to protect the company's interests. The team worked closely with business leadership to manage the dispute while supporting the ongoing operation of the business. Outcome. Aptum helped the business identify and address the alleged misconduct, and pursue the recovery of valuable intellectual property and business assets.
What happens when you engage Aptum
Aptum runs every matter under our project management framework, with clear expectations on timing, cost and scope from the first call. Before you pay us anything, you get a free value conversation so you know exactly where you stand. No surprises.
Value conversation (free)
You come in for a conversation, in person at our office or over Teams, with the practice lead who would run your matter and your client experience coordinator. You tell us the context, the employment contract, the relationship history, what has happened, and what you are trying to achieve. We tell you the realistic pathways, what to expect on cost, timing and scope if you engage us, and where you have leverage. Real expertise from a senior practitioner before you commit to anything, not a fake triage.
Pathways assessment
Once you engage, you receive a documented strategy and a cost forecast aligned to the stages of your matter. For employment matters that typically means confirming the specific statutory or contractual claim, mapping the evidence, deciding on the forum (Fair Work Commission, Federal Circuit and Family Court, Federal Court, or a state Supreme Court for restraint work), and for urgent restraint matters mobilising for interlocutory relief.
Execution
This is the phase for the letter of demand, negotiation, application filing, discovery, mediation, and either settlement or hearing. Where the matter is a restraint injunction, execution starts urgently. Where the matter is a negotiated senior exit, execution often resolves in weeks without any formal proceeding. Routine documented strategy. Regular communications. A relentless focus on the essential issues.
How we manage cost
Employment disputes cover a wide cost range, from a discrete letter of demand for a bonus payment to a multi-year adverse action claim with substantial expert evidence. What we commit to is one of our five client service promises: clear expectations as to the timing, costs and scope of our engagement, and updating those expectations as early as possible if anything changes.
Value conversation.
A free conversation with the practice lead to work out the realistic pathway and what your leverage looks like before you commit any fees.
Estimate and scope.
Once engaged, you receive a documented strategy and a cost forecast aligned to the stages of your matter. Stage-based budgets, regular reporting, and any scope changes documented and agreed in writing.
Fixed-price options.
For discrete-scope employment matters (a letter of demand for a bonus, negotiation of an exit deed, a restraint variation negotiation, a simple unfair dismissal filing), Aptum can give you a fixed-price option so you know exactly what the phase will cost.
Investment mindset.
Aptum approaches every matter with an investment mindset: the most practical outcome in the shortest possible time, at the least possible cost, with the biggest possible return.
Frequently asked questions
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What is unfair dismissal in Australia?
Unfair dismissal is a claim under Part 3-2 of the Fair Work Act 2009 (Cth) that a dismissal was harsh, unjust or unreasonable. It is available to employees earning under the high income threshold, currently $175,000 and indexed annually, who have been dismissed after the qualifying period of 6 months for larger employers or 12 months for a small business. Applications must be filed within 21 days of the dismissal. Executive-level dismissals above the threshold pursue contractual or general protections pathways instead.
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What is an adverse action claim?
An adverse action claim under Part 3-1 of the Fair Work Act is a claim that the employer took adverse action against the employee because of the employee's workplace right, protected attribute, or complaint. The critical feature is the reverse onus of proof: the employer must prove that the reason for the adverse action was not the prohibited reason. This makes adverse action claims particularly powerful, and often produces negotiated resolutions without needing to file.
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What is a general protections claim?
A general protections claim is a Fair Work Act claim covering the full range of Part 3-1 protections: adverse action, coercion, discrimination based on protected attributes, misrepresentation and undue influence. It is broader than unfair dismissal, available across the income spectrum, and filed in the Federal Circuit and Family Court, with permission to run in the Federal Court in some circumstances.
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Is a restraint of trade enforceable in Australia?
Sometimes. Restraints of trade are prima facie unenforceable unless the employer can prove they go no further than reasonably necessary to protect a legitimate business interest. Courts routinely “read down” overreaching restraints, cutting the geographic scope, the time period, or the range of activities restrained. The question in practice is not whether the restraint on paper will be enforced but what a court will actually give the employer at the injunction hearing.
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Can I get out of a non-compete clause?
Often, yes. Restraints as drafted are usually wider than what a court will enforce. Common escape routes include: the restraint is unreasonable on its terms and will be read down; the geographic area is too wide; the time period is longer than the legitimate interest protects; the activities restrained go beyond what the employee actually did; or the employer's own conduct terminated the contract and made the restraint fall away. Aptum runs the analysis and negotiates the practical exit.
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What is workplace bullying and can I claim for it?
The Fair Work Commission's bullying jurisdiction under Part 6-4B allows a current employee to apply for an order to stop workplace bullying, defined as repeated unreasonable behaviour that creates a risk to health and safety. The remedy is prospective, an order to stop future bullying, rather than compensatory. For compensation, the pathway is usually a general protections claim, an adverse action claim, or a workers' compensation claim for psychological injury.
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How much compensation is available for unfair dismissal?
The statutory cap is 26 weeks' pay or half the high income threshold, whichever is lower, currently around $87,000. Reinstatement is technically the primary remedy but compensation is more commonly ordered. Adverse action and general protections claims are not capped and can produce substantially higher awards.
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What is a good leaver / bad leaver clause?
Common in senior executive equity plans. A good leaver, typically someone terminated by the employer without cause or leaving in defined circumstances like retirement or ill-health, generally retains their unvested equity or has accelerated vesting. A bad leaver, typically someone who resigns or is terminated for misconduct, forfeits unvested equity and may face malus and clawback on already-vested holdings. Disputes over the classification are common on senior exits.
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What is a garden leave provision?
A clause requiring an employee to remain formally employed but not attend work during their notice period. It is typically triggered when a senior employee resigns to join a competitor, keeping them out of the market and preserving confidentiality during the notice period. Garden leave itself has to be reasonable, and disputes commonly arise over what remuneration components are payable during the garden leave period.
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How much does an employment dispute cost?
It depends on the pathway. A senior executive negotiated exit can resolve for well under $30,000 in fees. A defended adverse action claim through hearing can run into the hundreds of thousands. A restraint injunction is intense at the front end, at the interlocutory hearing, and may settle after. Aptum offers fixed-price options for discrete-scope matters and gives you a stage-based cost forecast at the pathways assessment.
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Do I need a lawyer for an employment dispute?
For senior executive disputes, restraint enforcement, adverse action claims, or any matter with substantial financial exposure, yes. Legal privilege over your strategy and options only attaches to your communications with a lawyer, and the strategic decisions in employment disputes, particularly around when to reveal what to the other side, shape the whole matter.
Offices
Aptum services employment disputes clients across Australia from three offices.
Get clarity on your employment matter
Executive employment disputes typically involve substantial commercial value (deferred bonus, unvested equity, restraint enforcement leverage) alongside the employment law framework. Getting the strategy right at the outset, before you resign, before you serve a termination notice, before the departing executive starts breaching, usually decides the whole matter.
In a free value conversation, Aptum's employment team will tell you where you stand, what your leverage looks like, and what the pathway to a commercial outcome is. No surprises.
Call (03) 7020 9230
Book your value conversation