Employment matters should be assessed through the documents, the chronology and the communication between employer and employee. A dismissal decision, a salary dispute or a disciplinary sanction cannot be understood only from the last document received.
In employment law, the communication date, the stated reason and the documents that came before may be decisive.
The review should distinguish between the employee’s position and the employer’s position. For the employee, the concern may be whether a decision was properly reasoned, communicated or supported by documents. For the employer, the concern may be whether the procedure and the documentation are clear enough to support the decision taken.
When legal assistance may be useful
- a dismissal decision has been received
- salary rights, bonuses or payments are unclear or unpaid
- a disciplinary procedure or sanction is involved
- the employment contract, job description or addenda need review
- documents were communicated by email, post or internal platform
- there is a conflict concerning working time, duties or termination of employment
What is checked
The review focuses on the employment documents, the stated reason, the timeline of events and the way the decision or communication was made.
- the individual employment contract and addenda
- the job description and internal documents referred to
- the decision received and the reason stated in it
- the date and method of communication
- salary documents, timesheets or proof of payment
- prior notices, evaluations or disciplinary documents
- the procedural stage and any relevant deadline
Possible directions for review
The direction depends on the documents and on the position of the person seeking assistance. The same document may require a different review for an employee and for an employer.
- reviewing a dismissal decision or disciplinary document
- assessing salary rights or payment documents
- reviewing employment contract clauses or addenda
- preparing a written position after the documents are reviewed
- analysing the risk of litigation or procedural response
- organising documents before a labour dispute
Documents useful for the first review
- employment contract and addenda
- job description
- dismissal decision, disciplinary decision or other notice received
- emails or written communications with the employer or employee
- salary slips, timesheets and proof of payment
- evaluation documents or disciplinary records, if any
- proof of communication, including email or postal documents
Risks to keep in mind
The risks usually relate to deadlines, incomplete reasoning, missing documents or facts that are difficult to prove later.
- reviewing the decision without the documents that preceded it
- not preserving proof of communication
- unclear chronology of meetings, notices or payments
- ignoring the stated legal basis or the reason written in the decision
- waiting until a deadline becomes difficult to manage
- treating salary and dismissal issues as the same legal question
How the collaboration starts
The collaboration starts with the employment documents, the decision or notice received and a short chronology of what happened. The first review aims to identify the document, the communication date and the issues that require legal analysis.
Useful materials
Informational materials that may help clarify the documents and the issues that need careful review.