03
Employment Law
Employment law governs the relationship between employee and employer and the rights and obligations arising from it. The office acts for both employees and employers.
Termination of the employment contract
A termination must rest on a valid or just cause and follow the required procedure. The nature of the cause directly determines which entitlements accrue to the employee.
Bringing a reinstatement action depends on several conditions being met together. The period running from service of the termination notice is strict.
Employee entitlements
Severance pay, notice pay, overtime, annual leave pay, national and public holiday pay and weekly rest pay are the principal claims that may arise.
Proof rests largely on records and witness evidence. Payslips, time sheets, shift records and bank movements are the most important material in these files.
Mediation and workplace accidents
For entitlement and reinstatement claims, applying to a mediator is a procedural precondition to filing suit. A settlement reached in mediation is enforceable.
Workplace accidents and occupational illness give rise to claims for pecuniary and non-pecuniary damages; establishing fault and loss in these files requires expert examination.