Employment disputes call for a technical approach because of short preclusive time limits, mandatory mediation and the rules on the burden of proof. Steps taken at the right time often play a critical role in determining the outcome.
For employees
At the first meeting, we assess whether the termination was based on a valid or just cause, whether the conditions for reinstatement are met and which receivables can be claimed. Evidence such as payslips, bank records, witness statements and correspondence is compiled systematically.
For employers
Drafting employment contracts, disciplinary and termination procedures and internal regulations in line with the legislation significantly reduces the risk of disputes. Advice is provided on obtaining the employee’s defence before termination, on notification and on documentation, and the employer is represented in any lawsuits that are filed.
Mediation
Applying to a mediator is a mandatory precondition for filing a lawsuit in claims for employee receivables and reinstatement. Attending mediation meetings well prepared is important for calculating the claim, assessing the evidence and identifying a reasonable basis for settlement.
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