Disputing the termination of an employment relationship

If your employment relationship has terminated and you disagree with the employer concerning the termination or other related matters, you may dispute the termination of employment. Such a dispute may be resolved by mutual agreement or in a court of law. If the termination is found to have been unlawful, the employer may be required to pay you damages, unpaid pay or other compensation.

If your employment has been unlawfully terminated, you may seek help from your union in disputing the case.

The solution to such a dispute may be a conciliated agreement or a decision by a court. If it is concluded in a court decision or in an agreement between the parties that your employment was in fact unlawfully terminated, the employer can be required to pay you damages or other compensation. Such damages and compensation are not considered financial benefits and are not subject to periodisation as above.

Sometimes disputes are settled without ruling on the legality of the termination but the employee is nevertheless paid a settlement. Such compensation is considered to be related to the termination of the employment relationship and will be periodised as of the end of the employment relationship.

If you have disputed the termination of your employment, you must notify the KOKO fund. Once the dispute has been resolved, submit a copy of the agreement or court decision to KOKO. It is up to KOKO to determine whether your financial gain, if any, is to be considered damages or a benefit subject to periodisation.