Employment Dispute Lawyer

How It Works

1. 1

   Case Assessment and Forum Identification

   Advocate analyses the facts, categorises the employee (workman or non-workman), identifies the applicable statute and forum, and advises on the strength of the claim and available remedies.

2. 2

   Conciliation and Pre-Litigation Settlement

   Most employment disputes must pass through a conciliation stage before the conciliation officer under the Industrial Disputes Act. Advocate prepares the client and attends conciliation proceedings to negotiate a fair settlement where possible.

3. 3

   Filing of Statement of Claim or Reference

   If conciliation fails, a formal statement of claim is filed before the Labour Court or Industrial Tribunal, or a writ petition is filed before the High Court as appropriate, with all supporting documents.

4. 4

   Preliminary Hearings and Framing of Issues

   The court frames the issues in dispute, grants time for filing of counter-statements and rejoinders, and sets the matter for evidence.

5. 5

   Evidence Stage

   Affidavits of evidence are filed, witnesses are examined-in-chief and cross-examined. Documentary evidence is exhibited and challenged as appropriate.

6. 6

   Final Arguments and Award

   Written submissions and oral arguments are addressed to the court, which then makes its award or judgment. Awards of Labour Courts and Tribunals are published in the Official Gazette before they take effect.