High pay, high risk? The $180K cap on unjustified dismissals

High pay, high risk? The $180K cap on Unjustified Dismissals

This morning, Brooke Van Velden, Minister for Workplace Relations, announced that the proposed amendment to introduce a $180,000 per annum income threshold, above which employees cannot file personal grievances for unjustified dismissal, would be phased in over 12 months. Framed as a way to give employers more flexibility, this change could significantly impact workplace culture and leadership dynamics.

Workplace impact

One of the most obvious impacts of this change will be on trust and job security for senior employees. People in high paid roles may feel less stable, potentially leading to risk-averse decision-making and a reluctance to step out of the box, reducing innovation and evolution. While employers can more easily remove underperforming leaders, this may lower morale and create uncertainty across teams who may be unsettled by sudden changes or  wondering if they’re next. Insecurity at the leadership level has a way of trickling down, affecting not just high earners but also those who report to or work closely with them.

How will high earners address workplace issues?

The government suggests employees can negotiate contractual protections, but how likely is that in reality? Some companies may offer job security measures to attract and retain talent, while others could leverage the lack of protection to drive performance or maintain greater control over leadership decisions.

With unjustified dismissal protections removed, alternative dispute resolution processes—such as mediation and arbitration—are likely to become more common. Employees who feel unfairly treated may also turn to reputational damage, or even abrupt resignations, all of which can disrupt organisational stability.

Potential cultural & long-term effects

Workplaces that fail to navigate these changes carefully could see a decline in workplace culture. High-performing employees may seek roles in organisations that voluntarily provide greater job security. Companies that wish to retain top talent may need to offer additional contractual protections or higher compensation through remuneration or incentives, fostering an environment of fairness and stability even without legal obligations.

Despite the Minister’s assertion that this change will encourage internal promotions, there’s also a risk it could have the opposite effect. Employees who fear job insecurity may be less inclined to pursue leadership roles, knowing that stepping up comes with greater vulnerability to dismissal. This could ultimately hinder leadership development and succession planning within businesses.

Conclusion

The proposed law change will fundamentally reshape workplace relationships and how employment issues are handled for high-paid employees. While businesses will gain more flexibility in making leadership changes, they will also need to adapt their management strategies to maintain trust, motivation, and engagement at the senior level. The success of this shift will depend largely on how well companies foster an environment of fairness and transparency in the absence of statutory dismissal protections. Now is a good time to consider what your approach will be and how you will successfully balance changes with culture.

Disclaimer

This article, and any information contained on our website is necessarily brief and general in nature, and should not be substituted for professional advice. You should always seek professional advice before taking any action in relation to the matters addressed.

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