When an employment relationship ends badly, the resulting claim is largely decided by the personnel file. Employers with disciplined documentation resolve these matters quickly. Employers without it find themselves arguing against an inference.
The contract, and every amendment to it
Wage, role, working hours and duration should be recorded in a signed contract, and every subsequent change should be recorded too. Verbal variations are a persistent source of dispute over end-of-service entitlements.
Contemporaneous performance and disciplinary records
A warning issued at the time of the conduct is evidence. A memorandum prepared after the employee filed a claim is an argument, and it is treated as one. Employers should maintain records as events occur, with the employee’s acknowledgement where practicable.
Calculate entitlements before termination, not after
End-of-service entitlements, accrued leave, notice and any contractual benefits should be computed and documented before the relationship ends. Disputes over arithmetic escalate into disputes over principle with surprising speed.
Advise both sides of the same rule
The requirements that protect employees also protect employers who follow them. An employer who documents, notifies and pays correctly is rarely the one defending a lengthy claim.
This article is general commentary and does not constitute legal advice on any particular matter.