‘Alpha’ lawyer tells fired employee he must deal with ‘challenges from the pack’

A lawyer fired just days earlier was told by her boss that he “must withstand challenges from the pack”, the Fair Work Commission was told.

Following a disagreement over commission payments, Aditum Lawyers’ principal, Carlyon Ward, issued a senior partner-turned-senior-associate a termination letter, which included a notice period requiring her to stay on for another week.

Days later, after the “dust had settled”, the termination was voided.

In a text message to the employee, Ward wrote: “I need to show that even though I don’t want to, I will go on alone if necessary.”

“The alpha has to withstand challenges from the pack.”

According to the employee, after she asked whether a retraction letter was needed, Ward allegedly said she was “never really terminated”.

Following her dismissal the following year, the employee went to the Fair Work Commission and contended with Aditum Lawyers’ claims she had not met the minimum employment period.

The firm told the commission the employee’s senior partner position was changed to senior associate after the voided termination, which involved “different duties, salary and responsibilities”.

On its case, her employment was not continuous.

This argument was dismissed in the substantive proceedings, but Aditum Lawyers appealed on several grounds, including a claim that the original decision “ignores the legal and factual reality that she was terminated due to dishonesty and ineligibility”.

Fair Work vice president Ingrid Asbury, vice president Mark Gibian, and deputy president Alexandra Grayson said the original decision was correct.

“The evidence established with sufficient clarity that [the employee] had completed the minimum employment period.

“In the circumstances, permission to appeal should be granted, but the appeal must be dismissed,” they said.