Employment disputes

Materials for an initial review of an employment issue

Employment situations are best described by the specific subject: pay for a particular period, the content of an order, termination of the relationship or refusal to issue a work-related document. A general statement that “the employer is violating my rights” does not show which fact needs checking or what result the applicant needs.

In a brief chronology, state when work began, which terms were agreed, when the problem arose and which documents have already been received. In a pay dispute, separately list the periods, amounts accrued and amounts actually received. For dismissal matters, the content of documents received and the known dates of their delivery matter.

• The employment contract, appendices and agreements relevant to the issue.
• Orders, notices and applications together with proof of receipt.
• Pay calculation documents and information about actual payment for the disputed periods.
• Correspondence about working conditions and the problem raised.
• Previous inquiries and the full responses to them.

If there is no written contract, describe how the work was actually organised: who assigned tasks, where and when they were performed, how payment was made and what materials documenting this have been kept. This information should not be confused with an already established legal status of the relationship; its assessment requires examination of the circumstances.

The initial set of materials allows discussion of which facts are supported, which documents are missing and which question to raise in the next inquiry. The time limits and procedure for protecting rights depend on the specific situation, so it is best to provide important dates straight away and keep the documents that establish them.