Employee claims and just/wrongful termination

The most frequent disputes involve severance and notice indemnity, overtime, weekly rest, public-holiday and annual-leave pay, and indemnity for unpaid wages. Calculating these correctly requires methodical collection of payroll, banking, time-sheet and witness evidence.

On just-cause termination by the employee, severance is due; on wrongful dismissal claims by the employer, the right may not arise. Outcome turns on the wording of the termination notice, the date, social-media posts and social-security records.

Reinstatement claims

An employee within the protective scope (more than 6 months' tenure at a workplace with 30+ employees) must apply to mediation within 1 month challenging the dismissal. Failing settlement, the reinstatement case must be filed within 2 weeks.

On winning, the employee is entitled to up to 4 months' wages for the no-work period; if not reinstated, an additional 4–8 months' wages indemnity is awarded. The very short deadlines make speed decisive.

Mobbing — psychological harassment

Systematic, intentional and continuous negative conduct (intimidation, exclusion, busy-work, insult and threats) qualifies as mobbing. Such claims can drive severance/notice indemnity, moral damages and even criminal liability.

Evidence gathering is the heart of preparation: e-mails, messages, witnesses, medical reports and psychological assessments must be assembled methodically.

Work accident and occupational disease

On a work accident, three parallel tracks open: notification to social security and disability income; civil damages claim against the employer; and criminal investigation.

Damages are calculated by actuarial reports; permanent disability rate, age, income and fault shares all drive the final figure.

FAQ

When am I entitled to severance?
At minimum 1 year of service plus a just-cause termination by the employee (e.g. unpaid wages) or wrongful dismissal by the employer.
Is mediation mandatory?
Yes — for employee monetary claims and reinstatement. Skipping it leads to dismissal of the case on procedural grounds.