Employment disputes differ from ordinary civil claims because the parties do not bargain from equal positions. The law therefore fixes terms that cannot be reduced by agreement, and provides a procedure weighted towards the employee: the Labour Court charges the employee no fee and is designed so that an employee can conduct the case without a lawyer.
An employer who gets the paperwork right at the outset carries far less risk. The most common reason employers lose is dismissing without stating the ground in the termination letter, or stating one ground and then arguing another in court, which is not permitted.
We act for employees and for employers, though never for both in the same matter.
What we handle
- Severance on dismissal, and pay in lieu of notice.
- Unfair dismissal, where additional damages or reinstatement may be sought.
- Unpaid wages, overtime and holiday working pay.
- Payment for accrued annual leave, including leave carried forward.
- Disputes over work rules and written warnings.
- Post-employment non-competition covenants, enforceable only so far as the scope, duration and territory are reasonable.
- Workplace accidents and occupational illness, and compensation fund claims.
- Drafting employment contracts, work rules and HR records for employers to use before a dispute arises.
The two routes open to an employee
- A complaint to the local labour inspector, who investigates and issues an order. No cost and no lawyer required.
- A claim in the Labour Court, which charges the employee no court fee and sits with lay judges from both the employer and employee sides.
- One route or the other for the same matter — they cannot be used together.
What an employer should do before dismissing
- State the grounds fully in the termination letter, because those grounds are what binds in court.
- Check that written warnings were given in sequence, unless the misconduct is serious enough to dispense with them.
- Calculate severance correctly on length of service, and check whether any exception applies.
- Give the required notice, or pay in lieu on top of severance.
- Settle everything outstanding on the day: wages, overtime and accrued leave.
What to bring
- The employment contract, the work rules and every written warning.
- Twelve months of payslips, since severance is based on the final wage rate.
- The termination letter and anything stating the reason for dismissal.
- A note of the first and last day of employment.
- Time records and overtime approvals, for overtime claims.
This page is general information, not advice on your situation. Statutory minimums change; bring the termination letter and payslips for review.