There are a number of means before the labour court, including discrimination, unlawful dismissal (non-payment of dismissal), whistleblowers (publicity of public interests) and other forms of automatic wrongful dismissal. The employer cannot have any idea of the potential rights that the worker can derive from the protected conversation. The protection of a protected maintenance only applies in the case of unfair dismissal. The protective perimeter is narrow. Many appeals to the labour tribunal involve combinations of complaints such as wrongful dismissal and discrimination. The protection applies only to evidence of unjustified release. In this example, there is no question of discrimination. In such a case, the employer has only limited protection against protected maintenance. The agreement generally contains the following conditions: In summary, the protected talks regime provides that evidence relating to protected talks/negotiations is inadmissible before ending unfair dismissal proceedings before the labour courts. In fact, it is a variation and extension of the existing principle without prejudice (read our article on unprejudiced conversations here), the essential difference being that it is not necessary for the parties to argue before a protected dialogue can be initiated. In 2013, “protected conversations” were set up to help employers and employees resolve disputes with minimal risk.
Until there are accusations of denunciation, treaty violation or discrimination, there will be no protected dialogue. To be legally binding, the worker must be advised on the importance and terms of the contract. The lawyer is required to sign a certificate stating that she advised the employee as part of the agreement. The employer pays a contribution to the worker`s legal fees, which are usually between 250 and 500 $US. Reconciliation with an employee and inducement to leave could lead to her resignation and call for constructive wrongful dismissal on the basis of the employer`s breach of the implied trust and trust clause or an early breach of contract.