Where a dismissal or an act of discrimination derailed a career, the Labour Court needs a defensible answer to where that career was going. Spear plots it.
Where Earnings Evidence Becomes Decisive
Routine unfair dismissal awards are capped and calculated on length of service and current salary, and rarely call for expert evidence. The matters below are different: actual patrimonial loss is in issue, and the career path behind it must be established.
Automatically Unfair Dismissal
Where actual patrimonial loss may be claimed in addition to statutory compensation, and the quantum turns on the career that was cut short.
Unfair Discrimination
Employment Equity Act claims where discriminatory conduct suppressed progression or remuneration over a sustained period.
Constructive Dismissal
Matters turning on the trajectory the employee would have followed had they been able to remain in the position.
Incapacity & Disability
Disputes where residual earning capacity is the central question, including medical boarding and ill-health early retirement matters.
Restraint of Trade
Establishing the earnings forgone by an employee barred from practising in their field for a defined period.
Protected Disclosures
Whistleblower matters where the career and reputational damage extends well beyond the dismissal itself.
What the Report Provides
An individualised comparison of two career trajectories: the path the employee was realistically on, and the path now available to them.
- The employee's likely career and earnings progression but for the employer's conduct
- Realistic earnings and progression now available, given the labour market and any residual limitations
- The resulting patrimonial loss, with contingencies addressed transparently
- A quantification summary formatted for direct use by your actuary
Expert Testimony
Our HPCSA-registered Industrial Psychologists present and defend their findings directly. The person who authored the report is the person who defends it under cross-examination.
- Expert evidence in the Labour Court and Labour Appeal Court
- Clarification of report findings and assumptions
- Defence of methodology under cross-examination
Establishing loss in a labour matter?
Contact us to discuss your requirements. We will confirm scope, timelines and the collateral required before you commit.
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