Expertise
Employment Law
Disputes arising at the end of an employment relationship typically concern compensation, unpaid entitlements and reinstatement. In a field where deadlines are short and mediation is a precondition for most claims, timely and correct action prevents loss of rights. Our firm advises and represents both employees and employers.
Conditions for a Reinstatement Claim
An employee covered by job security may seek reinstatement if the workplace employs at least 30 workers, the employee has at least six months of seniority and the contract was terminated without a valid reason.
An application to a mediator must be made within one month of the termination notice; if no agreement is reached, a lawsuit must be filed within two weeks. These are strict time limits.
Severance, Notice Pay and Other Entitlements
Depending on how the contract ends, an employee may claim severance pay, notice pay, unpaid wages, overtime, annual leave and public holiday entitlements.
- Severance pay: at least one year of service and a qualifying termination
- Notice pay: where notice periods were not observed
- Overtime: premium pay for work exceeding 45 hours per week
- Unused annual leave: paid out upon termination
Mandatory Mediation
For most employment disputes, applying to a mediator is mandatory before filing suit. A settlement reached in mediation has the force of a court judgment, so preparing properly and calculating claims accurately is critical.
This content is provided for general legal information only and does not constitute legal advice on any specific matter.
Frequently Asked Questions
Employment Law
As a rule, no severance is due upon resignation. However, in cases of justified termination — such as unpaid wages or health reasons — or certain statutory situations, an employee may still be entitled to severance.
Claims linked to termination, such as severance, notice pay and annual leave, are subject to a five-year limitation period. Reinstatement requires a mediator application within one month of termination.
Time sheets, workplace entry-exit records, e-mails and witness statements can all be used to prove overtime. The evidential situation must be assessed for each case individually.
Do you need legal support in this area?
We can schedule a preliminary consultation to assess your situation.