Court application proceedings are started by sending a letter in which you make a request to dissolve the employment contract. This letter is known as an application letter. You are the applicant.
Content of the application letter
The application letter should always contain the following:
- name, address and place of establishment of your business
- name, address and residence of your employee
- what you are applying for and why
- name, address and telephone number of any lawyer or
other authorised representative
- the dates on which you and the other party (and if applicable, the other party's authorised representative) are unable to attend a hearing
Date and sign the application letter. If you are using the services of a lawyer, then they will do this.
Make copies of any supporting documents for your case. Examples of supporting documents are the employment contract, payslips and performance reviews. You can also ask witnesses to write down their account (witness statement).
Submitting the application letter
The application letter together with supporting documents should be sent in duplicate to the court. Please ensure you send: 1 copy for the subdistrict judge and 1 copy for your employee. You should also send another copy directly to your employee (or your employee's representative) – this can be sent by email.
Send the application letter to the court which has jurisdiction for the relevant employee's usual place of work.
Label the envelope as follows: FAO subdistrict team, department for application letters You can also hand the documents in at the central desk of the court.