Procedure on termination
Even a valid ground may not save a termination carried out without taking a written defence or giving written notice. Procedure matters as much as substance.
Employment Law
Most employment disputes arise from details overlooked when the relationship was formed.
Overview
When an employment relationship ends, all that remains to the parties are the documents produced during it. The contract, payroll records, leave records, written defences and the notice of termination will largely determine the outcome of any dispute.
On the employer side, the aim is to reduce risk by establishing those documents correctly from the outset. On the employee side, the priority is that entitlements are claimed in full and before they become time-barred. The firm acts for parties on both sides.
Scope
Points to Note
The points that most affect the outcome in this area, and are most often overlooked.
Even a valid ground may not save a termination carried out without taking a written defence or giving written notice. Procedure matters as much as substance.
Severance, notice and overtime claims are subject to different periods. Once a period is missed, even the strongest claim may fail.
In overtime and leave disputes the burden of proof usually falls on the employer. Records kept contemporaneously are the one defence that cannot be created afterwards.
Other practice areas
You may request an initial meeting by telephone or email, and bring the relevant documents with you.