The shape of a defence
The company bears the burden of proving just cause on the balance of probabilities. That means witnesses who were actually there, documents created at the time, and a statement of reply that commits to one coherent case — not three inconsistent ones. We audit the file honestly at the outset: references we assess as weak, we say so, and price the settlement corridor at conciliation before costs mount.
Witnesses decide references
Industrial Court evidence-in-chief runs on witness statements, and cross-examination is where dismissals collapse. We prepare witnesses properly — not scripts, but a command of their own documents and dates — and we sequence the panel so the case does not rest on the one manager who has since left for a competitor.
After the award
Awards may be challenged by judicial review in the High Court on error-of-law and jurisdiction grounds, with the usual three-month window under Order 53. We advise candidly on prospects: review is not an appeal, and chasing a bad award with a worse application compounds the loss. Where the award stands, we manage compliance — including the non-compliance proceedings under section 56 that follow when payment terms slip.