Expertise
Workplaces are more than spaces of productivity—they are where rights, responsibilities, and livelihoods intersect. Disputes over employment terms, wages, policies, disciplinary action, or service conditions can quickly disrupt this balance. Employment and service law provide the framework to regulate these relationships and ensure fairness, compliance, and stability for both employers and employees.
Service law is a specialised field. A critical threshold question is whether the relationship is one of master and servant (typically private employment) or a statutory appointment (public service governed by statute and rules). The distinction determines remedies and forums: private employment rarely attracts specific performance, whereas statutory employees may invoke constitutional jurisdiction to challenge actions taken in violation of statutory rules, principles of natural justice, or legitimate expectations.
Forum selection is equally specialised and outcome-determinative. Depending on the status of the employee and the nature of the dispute, matters may lie before:
• Labour Courts and the National Industrial Relations Commission (NIRC) for “workman” and industrial relations issues (unfair labour practices, , reinstatement/back benefits);
• Service Tribunals (federal or provincial) for civil servants’ service matters (promotion, seniority, ACRs/PERs, transfers, disciplinary proceedings);
• High Courts through writ/constitutional petitions for violations of statutory rules
• Civil Courts for declaratory and damages claims where civil jurisdiction is not barred; and
• Ombudspersons for Workplace Harassment Act.
Choosing the correct forum, framing maintainable relief, and sequencing interim protection are central to effective strategy.