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An employer has failed to prove a "very well paid" senior executive wasn't "dismissed" when it accepted the repudiation of his employment contract, following an impasse over his remuneration.

The Fonterra Brands sales and marketing services director made a general protections claim after his employment ended in August last year, but the employer objected on jurisdictional grounds.

The Fair Work Commission heard that the employer had earlier announced a restructure that would result in only one sales director covering two of its regions.

The employer told the executive he had "got the role", and would receive a 5% pay increase (to his more than $600k annual salary) and potentially some long-term incentives...