How long do I have to challenge a dismissal?

The deadline is short and runs from service of the decision, not from the date you decided what to do. In practice it is the first thing anyone receiving such a decision needs to know — which is why it is worth asking straight away, even before deciding whether to act.

Can a dismissal be annulled if the reason was genuine?

Yes. The law requires both a reason and a procedure. A decision based on real facts but issued without the required steps — summons, investigation, reasoning — can be annulled on that ground alone.

Is the non-compete clause in my contract valid?

Not automatically. The law requires it to be limited in time, in territory and in scope, and to be accompanied by compensation. Without those elements the clause may be left without effect.

Labour Law

In employment law, procedure often decides more than substance. A well-founded dismissal carried out with steps missing is annulled; one challenged out of time is not discussed at all, however unfair it may have been.

We act for employers and for employees — not in the same case. For employers, the emphasis is on getting the procedure right from the start. For employees, on time limits: they are short and start running on the day of service.

Situations in which we are called

You have received a dismissal decision and want to know whether it can be challenged
You are preparing a restructuring and a role has to be eliminated properly
A termination by mutual agreement is being discussed and terms need negotiating
There are allegations of harassment or discriminatory treatment
An employee has not received salary entitlements or overtime
Contracts, job descriptions, internal rules or non-compete clauses are being drafted

What we cover

Individual and collective employment contracts, job descriptions and internal rules
Individual and collective dismissal procedures, with the supporting documentation
Disciplinary investigations and sanctions, from summons to decision
Employment litigation: challenges to decisions, salary entitlements, damages
Discrimination and harassment in the workplace
Non-compete, confidentiality and mobility clauses

How we work

For employers, the cheapest moment to intervene is before the decision is issued. Once issued, the options narrow sharply, and correcting a flawed procedure costs far more than preparing it.

For employees, the first conversation is about the time limit. Challenging a decision has a short deadline running from service. Even if you have not decided what to do, it is worth knowing how long you have.

What helps us start

The employment contract, with any addenda
The decision received, with evidence of the date it was served
The job description and internal rules, if they are in issue
Correspondence with the employer and, if any, the disciplinary investigation file

Questions about this service?

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