A senior lawyer at Australian firm Aditum Lawyers was briefly terminated, then reinstated, after her boss sent a text message referencing an “alpha” needing to withstand challenges from the “pack,” the Fair Work Commission heard.
The dispute, which centered on commission payments, culminated in a termination letter issued by Carlyon Ward, principal of Aditum Lawyers, to a senior partner who had been transitioned to a senior associate role. The letter included a one-week notice period, according to documents presented to the commission. Days later, Ward sent a text message to the employee voiding the termination.
“I need to show that even though I don’t want to, I will go on alone if necessary,” Ward wrote in the text message, as reported to the commission. “The alpha has to withstand challenges from the pack.”
The employee, whose name has not been publicly released, subsequently questioned Ward about the need for a retraction letter, to which Ward allegedly responded that she was “never really terminated.”
The matter escalated when the employee was dismissed again the following year, prompting her to file a claim with the Fair Work Commission contesting Aditum Lawyers’ assertion that she had not met the minimum employment period required to qualify for unfair dismissal protections. Aditum Lawyers argued that the employee’s position had changed from senior partner to senior associate after the initial voided termination, resulting in altered duties, salary, and responsibilities, and therefore a break in continuous employment.
The firm maintained that her employment was not continuous, a claim that was initially dismissed by the commission. Aditum Lawyers appealed the decision, arguing that the original ruling “ignores the legal and factual reality that she was terminated due to dishonesty, and ineligibility.”
Though, a panel consisting of Fair Work vice president Ingrid Asbury, vice president Mark Gibian, and deputy president Alexandra Grayson upheld the original decision. “The evidence established with sufficient clarity that [the employee] had completed the minimum employment period,” the panel stated in its ruling. “In the circumstances, permission to appeal should be granted, but the appeal must be dismissed.”
Carlyon Ward is the founder and principal solicitor of Aditum Lawyers, which maintains offices in Sydney, Brisbane, and Southport, Queensland, according to the firm’s website. He is described as a distinguished commercial lawyer with over a decade of experience handling complex commercial matters, and frequently collaborates with leading barristers in Australia [1, 2]. Aditum Lawyers specializes in a range of commercial law areas, including litigation, construction, property, and mergers and acquisitions [2].
The Fair Work Commission’s decision does not address the initial reasons for the attempted termination, or the specific details of the commission dispute. The firm’s appeal focused solely on the question of continuous employment and eligibility for unfair dismissal protections.
