Family & litigation
Challenging an unfair dismissal in Luxembourg
In Luxembourg, an employee who believes they have been unfairly dismissed must act quickly: the claim is in principle subject to a three-month limitation period (art. L.124-11 of the Labour Code), failing which the right to act is lost. A dismissal is deemed unfair where the grounds are not real and serious. The firm assesses your prospects and brings the claim.
Legal content reviewed by Maître Cora Maglo, Avocate à la Cour, Liste I du Barreau de Luxembourg depuis 2009.
The three-month deadline is the main trap in dismissal cases: it runs from notification of the dismissal or of the grounds, and its starting point depends on the circumstances.
Cerno Law Firm secures the timeline, requests the grounds where needed and defends the employee's compensation (or the employer's position).
The need
You have been dismissed and the dismissal appears unjustified to you.
The deadline to act is short and its starting point is technical.
The risk
Time-barring on expiry of the three-month period, definitive loss of the right to act despite a strong case.
An imprecise ground in the letter may render the dismissal unfair.
Our involvement
Calculation of the deadline, request for the grounds, assessment of prospects and action before the Labour Tribunal.
Quantification of the compensation and any negotiation.
Practice areas
When to call on the firm
- Challenge a dismissal lacking real and serious grounds.
- Request the grounds for the dismissal within the deadline.
- Obtain compensation for unfair dismissal.
- On the employer side, secure the dismissal procedure.
Method
Our engagement process
- 1
Information intake
You describe your need via a structured form or an initial call. Our digital tools serve only to organise this information and save time.
- 2
Lawyer qualification
Maître Maglo reviews your situation, identifies the legal issues and confirms the feasibility and exact scope of the engagement.
- 3
Transparent quote
You receive a clear fee proposal, a fixed fee or a range, before any engagement. Nothing is billed without your approval.
- 4
Legal work
The firm drafts, negotiates or litigates as required. Every deliverable is designed and approved by a lawyer admitted to the Luxembourg Bar.
- 5
Tracking and delivery
You follow your matter transparently and receive your finalised documents with the explanations you need.
Documents required
- • Dismissal letter and statement of grounds
- • Employment contract and payslips
- • Timeline and correspondence
Deliverables
- • Assessment of prospects and of the deadline
- • Action before the Labour Tribunal
- • Quantification of the compensation
Indicative timing
The deadline to act is in principle three months: you must seek advice immediately. The firm responds as a matter of urgency.
Stated fees
Fixed advisory fee or per phase of litigation.
FAQ
Frequently asked questions
What is the deadline to challenge an unfair dismissal?
In principle three months (art. L.124-11), a limitation period: once it expires, the claim is inadmissible. The starting point depends on the notification and the statement of grounds.
When is a dismissal unfair?
Where the grounds are not real and serious, or where the procedure was not followed. An imprecise ground may be enough to render it unfair.
Can the deadline be interrupted?
A written claim within the meaning of the law may, under certain conditions, extend the deadline. The firm checks this point without delay.
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- at the Bar since 2009
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Our work
Representative matters, anonymised
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A holding company and a residence permit, in a single process
Incorporation of a SOPARFI for a non-resident investor, combined with obtaining their residence permit. A single point of contact across both fronts.
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Cross-border recovery of unpaid debts for an SME, through an order for payment and coordination with a foreign colleague.
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Supporting an executive in a contested dismissal, from strategy to representation at the hearing.
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Competent jurisdiction securedA similar matter?Typical, anonymised examples, for illustration only. They do not prejudge the outcome of a matter, which depends on each situation.
Entrust my matter to the firmExpertise & authority
Ongoing review and analysis of Luxembourg and European case law
Avocate à la Cour, List I of the Luxembourg Bar since 2009
Trained at the London School of Economics, formerly at Clifford Chance and Bonn Steichen & Partners
Member of international networks: EILN, AEA, Cross Border Advisory Solutions
Every matter handled and approved by a lawyer admitted to the Bar
Support in 7 languages, clients of 170 nationalities
Testimonials
What our clients say
Had a consultation with Me Cora Maglo about my Luxembourg Blue Card application. She explained everything clearly: the process, timeline and documents I need, and helped me with my wife’s family reunification too. Honest and practical advice. I felt confident after talking to her.Farshid Pourlatifi
J’ai beaucoup apprécié le service de Maître Maglo : son sérieux, sa sympathie, son professionnalisme et sa disponibilité. Toujours répondu rapidement et clairement, avec des conseils pragmatiques, sans pousser à des procédures longues et coûteuses lorsqu’elles ne sont pas justifiées.Nathan Wirtzfeld
Super assistance and great support! Highly recommend. All my questions were answered, Cora and her team kept me updated all the time. I will definitely reach out to them next time for my residency.Tatiana
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