The dismissal order often comes unexpectedly – at the end of the workday, after a conflict with a manager, or during company restructuring. At this moment, the question how to challenge an illegal dismissal It is not just legal. It is connected to your income, your professional reputation, and your choice of whether to quickly look for a new job. Most importantly, do not delay: labor legislation sets short deadlines, and missing them can deprive you of judicial protection.
An unlawful dismissal is not established simply because the employer's decision seems unfair. It is necessary to verify whether the legal grounds, the correct procedure, and the required form of the documents have been complied with. It is precisely the specific documents and facts that determine whether the challenge has prospects for success.
How to challenge an illegal dismissal in court
Dismissal is contested by lawsuit. Usually, labor disputes are heard by the district court as a court of first instance. The employee may bring several claims simultaneously when they arise from the same dismissal.
Most often, it is requested that the court recognize the dismissal as unlawful and revoke it. If the employee wishes to return to their previous job, they can also request reinstatement to the position held before the dismissal. Separately, compensation may be claimed for the period during which the person remained unemployed due to the dismissal, but for no more than six months. Its amount depends on the gross salary and whether and when another job was started.
It is not always necessary to bring all the specified claims. For example, reinstatement at work may not be the most appropriate goal when trust between the parties has been permanently broken or the enterprise is in a poor financial condition. In other cases, returning to your previous position is precisely the strongest defense. We will review together which approach is most appropriate for your specific case.
The deadline is two months
The claim for annulment of the dismissal, reinstatement at work, and compensation due to unlawful dismissal must be filed within a two-month period. Upon termination of the employment relationship The period begins to run from the date of termination specified in the order.
Two months seem sufficient, but in practice they are often wasted in talks with the employer, waiting for a promised response, and attempts at informal settlement. Negotiations can be useful, but they do not stop the limitation period for filing a lawsuit. If settlement negotiations are underway, it is sensible for them to run parallel to the preparation of the defense before the court.
When can a dismissal be illegal
The employer cannot terminate an employment contract based solely on the general claim that the employee „is not performing well“ or that „there is no work.“ Each ground has specific prerequisites. In the case of downsizing, for example, there must be an actual reduction in the number of staff positions for the specific role, and when required by law, the selection process must be conducted based on objective criteria.
In the case of disciplinary dismissal, the investigation is even more detailed. The law requires the employer to establish a specific violation, request explanations from the worker or employee, comply with the deadlines for imposing the penalty, and issue a reasoned written order. General formulations or missing data regarding the date, behavior, and breached labor obligations can pose a significant problem for the employer.
Illegality can also occur when an inappropriate legal ground is applied, the order is not properly served, a requirement for preliminary protection is not met, or the employer has failed to prove the circumstances it claims. For certain employees—such as reassigned persons, mothers of young children, or persons enjoying other specific protection—the law provides additional conditions. Here, the facts are decisive and conclusions should not be drawn solely from the name of the legal ground stated in the order.
What to do immediately after receiving the order
Signing upon receipt of the order usually certifies that you have received it. By itself, it does not mean that you accept the dismissal or that you are waiving your right to legal defense. However, do not sign other documents that you have not read carefully—especially an application for termination by mutual consent, a declaration of no claims, or an agreement with unclear consequences.
Keep the order, the employment contract, all annexes, the job description, pay slips, correspondence with the employer, and documents related to the claimed grounds. In the case of a disciplinary dismissal, requests for explanations and your written responses are important. In the case of a redundancy, payroll schedules, job postings for similar positions, internal communications, and data on whether another employee started performing the same job after the dismissal may be relevant.
If you have email correspondence, save it so that it is available. Witnesses can also be useful, but their testimony does not replace written evidence when the law requires a specific document or a procedure conducted in a certain way.
The role of the Labor Inspectorate and negotiations
A report to the Labor Inspectorate can lead to an inspection and a penalty for the employer if a violation is established. This sometimes helps clarify the facts and creates conditions for negotiations. However, the Labor Inspectorate does not revoke the dismissal order and cannot reinstate you at work. For this, it is necessary legal action.
An out-of-court settlement is a possible and sometimes reasonable option. It can provide faster payment and a predictable end to the dispute, without the expenditure of time and the stress of court proceedings. Compromise has a price: the amount may be lower than a potential court claim, and a signed agreement often finally settles all claims. Before accepting an offer, it must be clear what you are receiving, what you are giving up, and when the payment will be made.
How the trial proceeds and what the risks are
After filing the statement of claim, the employer is given the opportunity to respond and present their evidence. Documents are gathered in the case, witnesses are heard if necessary, and it is examined whether the dismissal complies with legal requirements. The employer must prove the facts upon which they based the termination, but the employee must also clearly state their position and present the evidence available to them.
Employees and workers do not pay state fees and court costs in labor cases. This does not mean that the dispute is free of financial risk. In case of failure, costs may be owed to the other party, including attorney's fees, if duly requested and proven. Therefore, the preliminary assessment of the documents is essential – it allows you to evaluate not only the legal chance, but also the reasonable scope of the dispute.
If the court reinstates the employee, they must report to take up their position within a specified period from receiving the notification of reinstatement. This is a separate important deadline that must not be missed.
What to bring to the initial consultation
To suggest the most appropriate approach for you, it is helpful to bring the dismissal order and all documents related to its delivery, your employment contract and its annexes, the job description, your recent pay slips or payroll ledgers, and relevant correspondence. If there have been previous warnings, performance reviews, a request for explanations, or a proposed settlement agreement, you may bring those as well.
Prepare a brief timeline: when you started work, what happened before the termination, when you received the order, and whether you started another job after that. Thus, right from the first conversation, the deadlines, the necessary evidence, and whether negotiations are a better option than a court case can be outlined.
If you need legal assistance regarding contesting an unlawful dismissal, contact me, in order to review your documents on time and protect your interests with a clear action plan.
