Employment disputes commonly arrive after the relationship has ended, when the employee has least leverage and the fewest documents. What you preserve during employment largely determines what you can recover afterwards.
Establishing the terms
The first question is what the terms actually were. In the absence of a written contract, appointment letters, salary slips, bank credits, email correspondence and attendance records all help establish the relationship and its terms.
Employees without a written contract are not without rights, but they have more to prove.
Dues commonly claimed
- Unpaid salary for the period worked
- Notice pay, or salary in lieu of notice
- Gratuity or provident fund, where applicable
- Accrued and untaken leave
- Overtime, where the arrangement provided for it
- Any agreed bonus or commission already earned
Which forum
The appropriate forum depends on the nature of the employment and the applicable labour legislation, which is provincial. Whether a person falls within the definition of a worker under the relevant law affects both the forum and the remedies available.
Getting this wrong at the outset is a common and costly error.
Wrongful termination
Where termination breaches the contract or applicable law, remedies may include compensation and, in some circumstances, reinstatement. Where dismissal followed a complaint, that sequence is significant and should be documented carefully.
Protect the position early
- Keep copies of your contract, appointment letter and any policy documents
- Retain salary slips and bank statements showing credits
- Preserve correspondence about performance, duties and any dispute
- Do not sign a full and final settlement without understanding what it waives
What to do next
Bring whatever documents exist, a clear chronology of the employment and its end, and details of what has and has not been paid.