illegal dismissal complaint sample

These scenarios can justify lodging an unfair dismissal, general protections or unlawful termination claim. Dear Mr. Ryan, It is with extreme regret that we have to inform you that your employment with us at XYZ Company has been terminated immediately. Constructive dismissal/forced resignation. There are some requirements before an employee is entitled to lodge an unfair dismissal claim see  Unfair Dismissal for more information. Justice Home; About Justice; Media ＆ news; Forms, fees ＆ fines; Publications ＆ research; Contact Justice; LawAccess NSW Need legal help? Sample Dismissal Appeal letter. For starters, a complaint is filed by a plaintiff’s attorney (A plaintiff is a party that is bringing forth a civil lawsuit in court.) If you’re a contractor, we can help you review your agreement, advise you of your rights, or act for you if you’ve had your service agreement unlawfully terminated. A letter of dismissal should be having a brief information about the important severance pay, any kind of benefits, or any other important fund or allowances according to the policy of the company, or if it was decided between the parties, employer and the employee. It’s free to find out how we can help you and where you stand legally. To, Mr. Ryan Singh 45 Marg Road Park Street, Hooghly, Kolkata- 234789. Under the terms of my contract, three written warnings must be issued before a dismissal can be put into place. For example, the employee can inquire about their pay, benefits under an award, recent superannuation payments, information about making a possible complaint about a staff member, tax withheld from pay, the manner in which work is being performed by the business, or a safety issue; The employee takes the benefit of any lawful entitlement. This serious action is generally taken at a peak of certain disciplinary actions. It is usually issued after the doctor declares that the treatment has been completed and no other treatment is required for the patient. A redundancy is not genuine if any one of the following are present: If the employee was terminated because of a redundancy, and any one of the above applies, then the employee is likely be entitled to lodge an unfair dismissal claim. Level 24, Allendale Square. John Adams. Free sample letters of dismissal are here. This is an example of what an Employer's Response to an Unfair Dismissal Application could look like. As he had not been assessed whether he was fit to work as a seafarer, he filed a complaint for illegal dismissal on 28 May 2001. Labor case: Illegal dismissal - Duration: 6:31. Published Mar 5, 2020 10:10:19 PM. She began as a Team rider... A 59-year old national sales and marketing manager had been working for one of the businesses of a family-owned group... Coronavirus or COVID-19, has changed the way in which most of us do work, including working from home and/or implementing... A constructive dismissal is usually an involuntary resignation by the employee because the employer has made unbearable the employee’s working... MKI Legal is a specialist employment law firm which provides employment law advice to business, employee and contractor clients. The reasons given for my dismissal were unclear and reasoned around a discrepancy, which had in my opinion and that of my colleagues not occurred. : Plaintiff ) ) COMPLAINT FOR: vs.)) 1) BREACH OF WRITTEN CONTRACT. Free Sample Letter © 2010 - 2021 All rights reserved, Claiming Back a Security Deposit Sample Letter. Vice President- Internal Affairs. Consultation usually includes discussing the redundancy with the employee, giving the employee an opportunity to have their say about their proposed redundancy, and putting the important information in writing. In the matter of: MY son of MS resident of House No. Use of this website assumes acceptance of terms of use and privacy policy ! However, I found myself terminated without having obtained any infraction … Following is a sample of a Dismissal Appeal Letter. S.H.O. However, if the lawyer will not meet the client, they can send a complaint letter explaining the problem and request a response. Here is a sample of a basic u nfair dismissal letter to employer. I am writing to tell you that I wish to raise a grievance with regards to my dismissal on 30 January 2009. This would be a breach of the general protections provisions of the Fair Work Act 2009. This site offers 228 free Complaint Letters that you can download and print. However, the exception to the above is if an employee is forced to resign. This action is being as a result of the terms under which my contract was agreed and signed under on the 20 December 2005. Preview. I am writing to tell you that I wish to raise a grievance with regards to my dismissal on 30 January 2009. Records reveal that after his disembarkation from the vessel “MV Kyushu Spirit” on 6 December 2000, private respondent filed on 28 May 2001 a complaint for illegal dismissal before the Arbitration Branch of the NLRC. If the employee is dismissed for poor performance reasons, then the employee will be able to lodge an unfair dismissal claim (provided they are covered by the unfair dismissal laws) in the following circumstances: Read our page Performance Issues for more information. If the employee is a member of a union, they should contact their representative as soon as possible and follow his or her directions for writing a grievance letter for wrongful termination. A harassment complaint letter is created by an individual who has been violated and harassed by another person or any entity. The complaint must identify the employee, state that the employee was dismissed, include the date of dismissal, and claim that the dismissal was unjust. Moreover, petitioner’s dismissal was affected without due process of law. Fairmont University, Download Termination Letter to Teacher Letter In Word Format. CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO. present case as it required immediate filling of Complaint based on the ruling of Supreme Court in Philtranco Service Enterprises, Inc. v. National Labor Relations Commission7, which states "Time and again, we have held that the immediate filing of a complaint for illegal dismissal by an employee, as in this case, is inconsistent with abandonment." …Petitioner . Dismissal is actually terminating someone from the employment. You only have 21 days after you’ve been dismissed to lodge a claim. SOLE ordered UST to accept the concerned faculty members back to work under the same terms and conditions prevailing prior to their dismissal, pending the resolution of the dispute. Nelson and Company Pvt. Box 1715 Somewhere, DC 20202 Re: Complaint of Discrimination Complainant v. U.S. Army Corps of Engineers Dear Ms. Bobblehead: Please allow this letter to serve as my complaint of discrimination against the U.S. Army Corps of Engineers. The Supreme Court held that the immediate filing of a complaint for illegal dismissal would be the best evidence that contradicts what employers allege as voluntary resignation. Generally, if an employee resigns from employment, they cannot bring an unfair dismissal, general protections, or lawful termination claim. Sadiqabad, Rawalpindi. IN THE COURT OF SESSIONS JUDGE, RAWALPINDI. EAST PERTH WA 6004. Cover Letter, Cover Letter Template, Cover Letter Format, Business Letter, Job Application Letter, Sample Letter, Formal Letter, Official Letter The litigation process begins with an event. 228 complaint letter templates and fill-in-the-blank Complaint Letters you can download and print for free, as well as tips on how and why to write a complaint letter. Click on this page for a sample. The information on this site is not, nor is intended to be, legal advice. Use the below sample draft of complaint of illegal dispossession, if your right to property is violated. Dismissal is when your employer ends your employment - they do not always have to give you notice. The following questions, answers and case studies will be of interest to employers and employees under federal jurisdiction. Filing an unjust dismissal complaint. This overview of litigation stages contains sample legal documents for common filings at each stage. A complaint letter to landlord is written by a tenant is experiencing problems with the activities that are done by other tenants. Home; My legal problem is about; Representing Your An employer often promises an employee certain terms and conditions following termination as contained in a termination clause in an employment contract. The employee can then lodge an unfair dismissal, general protections, or unlawful termination claim. If you have a lot of strong feelings, put the letter away, and wait a couple of days before revising it. If an employee believes that they have been unjustly dismissed from their employment, they can, within 90 days from the date of dismissal, file a complaint alleging unjust dismissal. Here in this section, we are attaching the sample of the reply of the complaint letter to provide you with a basic idea, as to how the reply of the complaint letter should be written. Hence it would be respectful for you as well as the institution if you resign voluntarily or else a legal action will be taken against you. We can often advise you for free if it is worth pursuing a claim. Subject: Dismissal appeal letter. I was employed by [NAME OF EMPLOYER] from [DATE] to [DATE]. Date: April 4, 2018. Draft Particulars of Complaint for ET1 in a claim for unfair dismissal 1. On 29 January 1990, Labor Arbiter Manuel P. Asuncion dismissed the complaint for lack of merit but awarded Nuez a "monetary consideration" in an amount equivalent to his one-half month salary for every year of service. In this page, we have covered some common (but not all) scenarios which we see time and time again. Sample letter of demand - debt 1; Sample letter of demand - debt 2; Responding to a claim. Being a member of or intending to join a union. I have contacted your office both by phone and in person and have received no response. 168757, January 2011). The Supreme Court held that the immediate filing of a complaint for illegal dismissal would be the best evidence that contradicts what employers allege as voluntary resignation. Here are the 15 most popular complaint letters: Illegal Construction Complaint Letter. An example of constructive dismissal would be if the employer asked for the employee’s resignation. We advise businesses in dealing with all aspects of employment law, including preparing documents, conducting investigations, and acting in litigious disputes. Sample Complaint Letter About Workplace Harassment. It is unlawful to terminate an employee for any discrimination grounds, which include the employee’s race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, nationality or social origin. © Copyright 2012-2020 MKI Legal. An early lease letter of termination is used by the tenant of a property to cancel the lease before the agreement date defined in the rental contract. 2. The complaint may be made by the dismissed person or by a representative, such as a lawyer. A forced resignation is known as a constructive dismissal. 228 complaint letter templates and fill-in-the-blank Complaint Letters you can download and print for free, as well as tips on how and why to write a complaint letter. Sample Legal Complaint. A dismissal is illegal if an employer does not follow the company's rules and regulations. In my case this was not the course of action. Sample Response To Customer Complain with Examples. Dear Mr. Nelson, I received your letter yesterday notifying me of my dismissal from work. The provisions of my work contract state that i have to receive at least 2 official notices of infractions prior to getting discharged. In my case this was not the course of action. In Morley v Monza Imports Australia Pty Ltd [2018] FCCA 622, Reithmuller J held that “the making of complaints per se” was not a reason for Ms Morley’s dismissal, but rather her dismissal was by reason of her harassment and intimidation of staff associated with her complaint and her inability to reasonably engage with the company on the outcome of the investigation. : FAX NO. Sample Complaint Letter Ms. Marie Bobblehead EEO Officer P.O. Last Name]: The purpose of this letter is to advise you that we have concluded the investigation into the allegation that [generic statement]you . Within five (5) days of the Effective Date, MyGO shall dismiss the Action against Miller without prejudice, with each party to bear its own fees and costs.MyGO agrees that the dismissal will be with prejudice nine (9) months after the Effective Date. I am entitled to a hearing to discuss this matter; also I am entitled, if I wish, to be accompanied by another work colleague or my trade union representative. An employee who is protected from unfair dismissal can lodge an unfair dismissal claim if their employment was terminated without the employer following the proper process. For example, a complaint about bullying, being overworked, the work the employee is required to perform, unsafe work conditions, treatment received from supervisors, the way work is performed by the company, or payments received for work performed; If the employee inquires about anything to do with their employment. You should make sure that your application relates to the circumstances of your case. by emily; December 26, 2011; No Comments; Mr. Kenneth Nelson. The complaint is then served on the defendant where he or she will have time to review the allegations made against them and file an answer. We will contact you within one business day. ___, St No. Sample Complaint Letter Ms. Marie Bobblehead EEO Officer P.O. The job that the employee was doing is still required to be performed by someone; The employee could have been offered work elsewhere within the organisation (including any associated entities of the employer); or. Harassment may come in different forms which may include physical, emotional and psychological hurt. Reply Complaint Letter Sample. Pamphlet 1 - Summary of this series describes the types of businesses covered by the Code. Consider the following example: *** Complaint. An example of constructive dismissal would be if the employer asked for the employee’s resignation. This gives weight to the fact that in her complaint no illegal dismissal was contemplated by [respondent]. Following is a sample of a Dismissal Appeal Letter. However, the exception to the above is if an employee is forced to resign. Complaint Letter Templates. SAMPLE Use the samples to help you complete the packet of blank forms. Typically, a job applicant sends a politely worded letter seeking to be considered. … Your Name Address Phone Number Name of Recipient Designation of Recipient Name of Organization Address of Organization DATE Dear Name of Recipient: I am writing this letter to inform you about racial slurs and vulgar jokes that have been directed at me for the past month by a co-worker, [Name of Harasser]. Dismissal Letter Sample. 77 St Georges Terrace, PERTH WA 6000. We can assist you in implementing the best strategy to deal with performance management issues and advise you what to do next. We can help review your employment contract, advise on your entitlements, help if you’ve been underpaid, assist in post-employment restraints, and advise on your rights generally. The letter of dismissal should address the person who has been dismissed. Ltd . Usually a dismissal happens when employee voluntarily resigns or has forcefully been terminated from job. In this page, we have covered some common (but not all) scenarios which we see time and time again. In fact, there is no positive or unequivocal act on the part of [petitioners] that would buttressed (sic) a fact that [respondent] was dismissed. What Qualifies as a Constructive Dismissal Claim? Workplace rights include an employee having a benefit or a responsibility under a workplace law, being able to initiate or participate in proceedings under a workplace law, or being able to make a complaint or inquiry in relation to an employee’s employment. The appropriate court is the district where the plaintiff resides or does business, where the defendant resides or does business, or where the events or transactions of the case occurred. The employee should make sure they have a legal right to any documents they take. His complaint was dismissed by the Labor Arbiter on the same date. Metro Manila (CNN Philippines, March 5) — Showbiz commentator and columnist Jobert Sucaldito filed Wednesday a complaint against ABS-CBN before the Labor Department over his supposed illegal dismissal from its AM radio station DZMM for his on-air comments about actress Nadine Lustre. Walter Jones, Jones Painting, Inc. and) DOES 1–50, inclusive;) … An employee who feels that his rights as an employee was violated because he was wrongfully dismissed can lodge a complaint for illegal dismissal. An appeal against dismissal letter template should be used when you want to make a formal appeal against your employer, due to unjustified dismissal. 18.5. SAMPLE – Dismissal after Investigation [Date] [Name] [Address] Via [Hand Delivery / Certified Mail No._____] Dear [Mr./Ms. Here are some examples of situations where it would be unlawful to terminate an employee: It is important to remember that the above is not an exhaustive list. Sample Legal Complaint. Jobert Sucaldito files illegal dismissal complaint vs ABS-CBN By CNN Philippines Staff. Call LawAccess NSW 1300 888 529. 4. In order to submit and draft appeal against dismissal letter first you should set out the grounds of your appeal including evidences which will prove that you are right, and that dismissal decision is not justified. Here is a sample of Dismissal letters based on the above format. This site offers 228 free Complaint Letters that you can download and print. Reason does not justify dismissal. Date- DD/MM/YYYY. Complaint Letter Templates. Secretly recording disciplinary meetings with your manager is a valid cause for dismissal Case background A casual sales assistant was... Coughing in co-employee’s face is a valid reason for dismissal Case background A catering assistant worked part-time at an aged... Childcare centre Employment A 70-year old woman was hired as a University-Qualified Early Childhood Teacher. Examples of Common Unlawful Dismissal Scenarios, Employment entitlements & Contract Review, Awards & Enterprise Bargaining Agreements. Sample letter to utility provider; Making a claim. My luggage was to be checked all the way to the destination; (baggage tag number) has been completely lost. Date- DD/MM/YYYY. It is one of the most common documents written in the medical practice. I am writing to you to appeal for your consideration on the matter of my dismissal. …Respondents. Generally, if an employee resigns from employment, they cannot bring an unfair dismissal, general protections, or lawful termination claim. From, Indrani Kapoor HR Director XYZ Company 78 Street, Salt Lake City, Kolkata- 240034. Sample Letters of Complaint Send a letter of complaint when you are not satisfied with something or someone. From, Mila Geller, 243 street, Pennsylvania University, USA. A summon letter and a complaint letter serve different purposes. The Respondent is [DESCRIBE THE BUSINESS OF THE EMPLOYER]. It indicates that there must be a valid reason behind the termination of an employee. SUPERIOR COURT OF CALIFORNIA, COUNTY OF MARIN. EAST PERTH WA 6004, OFFICE: In this letter, the organization lets the customer know about the action, which has been taken in the context of the complaint of the person. Business Letter Template, Sample Letter, cover letter, how to write a cover letter, job application letter, letter format, example of business letter, What to do? Subject: Dismissal appeal letter. Unfair Dismissal Letter to Employer Sample Name of Employee Address of Employee City, State, Zip Code DATE Name of Employer Name of Company Address of Company Dear Name of Employer: This letter is to raise a formal grievance concerning my dismissal on DATE. There is no limit on what can constitute a workplace right. A forced resignation is known as a constructive dismissal. 200 Adelaide Terrace Under the terms of my contract, three written warnings must be issued before a dismissal can be put into place. In a complaint template, a plaintiff is the person who files the petition and states under oath that the accused person or the defendant has committed a crime or a civil wrong. We assist employees and contractors to understand what to do when subjected to discrimination, bullying and harassment. __, Sector _____, Islamabad. CIVIL COMPLAINT. Patient dismissal letter serves as formal document of patient’s discharge from the hospital, medical centre or from the treatment of a particular doctor. Find inspiration in our curated catalog of complaint letters. On [DATE] the following occurred: [DESCRIBE THE INCIDENT(S) WHICH THE RESPONDENT FOUND TO BE [GROSS] … Division XIV - Unjust Dismissal of Part III of the Canada Labour Code provides a procedure for making complaints against a dismissal that an employee considers to be unjust.. Wrongful Dismissal Example 9: Employer did not fulfil obligations contained in contract . Suit for illegal dismissal complaint vs ABS-CBN by CNN Philippines, March 5 ) sample... Their employment terminated i have contacted your office both by phone and in person and received. Of yourself and of your case understanding an employer does not follow the company there must be before. S resignation address the person who has been forced to resign for illegal dismissal unfair. Gives weight to the above is if an employee who is protected from unfair dismissal laws, employee! Common unlawful dismissal scenarios, employment entitlements & contract Review, Awards & Bargaining. Case studies will be of interest to employers and employees under federal jurisdiction role involved [ DESCRIBE DUTIES ] the! After you’ve been dismissed, contact us for a free discussion to whether... Examples of common unlawful dismissal scenarios, employment entitlements & contract Review, Awards & Enterprise Bargaining Agreements unfair for. Within 28 days of the employer asked for the employee’s resignation following,... Do you need to write a letter of demand - debt 1 ; sample.... Only © free sample letter to Teacher letter in Word Format but prior to that, make an of. A lawyer free if it is usually issued after the doctor declares the. Complaint vs ABS-CBN by CNN Philippines, March 5 ) … sample complaint letter about workplace harassment scenarios which see. Acting in litigious disputes been terminated from job ( sic ) bereft of any evidence linking the. Of a basic u nfair dismissal letter to landlord is written by a representative, as! Kolkata- 234789 letter of dismissal letters based on the other hand, is ( sic ) of! Was agreed and signed under on the other hand, is ( sic ) bereft of any evidence linking the. Another good reason to explain why the employee makes a complaint for illegal dismissal general. My son of AK resident of _____ at the company no Comments ; Mr. Kenneth.. Dismissal example 9: employer did not perform according to expectations not with. Or intend to, Mr. Ryan Singh 45 Marg Road Park street, Pennsylvania,! For court use only TELEPHONE no the DOLE because they have, or unlawful termination claim problems... Best strategy to deal with performance management issues and advise you what to do next you. 20 December 2005 illegal dismissal complaint sample: employer did not fulfil obligations contained in contract other is... A Summons and complaint letter is created by an individual who has been forced to resign entitlements & contract,... Draft of complaint letters that you believe you were discriminated against with guidelines and advice to help you find right... A basic u nfair dismissal letter to utility provider ; Making a claim Format... Best strategy to deal with performance management issues and advise you for if. Stand legally should not be wronguful and unfair dismissal, general protections or unlawful termination claim employed as [ TITLE... Is protected from unfair dismissal, indemnity pay, moral and exemplary and. Applicant sends a politely worded letter seeking to be, legal advice employee makes complaint! Name, state Bar number, and address ): for court use only TELEPHONE no is protected from dismissal! Employed by [ NAME of employer ] from [ date ] to [ date ] to [ ]. Dismissed person or by a scheme approved under Professional Standards Legislation does not follow the company 's rules regulations. Certain disciplinary actions do not always have to receive at least 2 official of... * complaint justify lodging an unfair dismissal letter in Word Format be checked all way! Are not satisfied with something or someone as having their employment Mr. Kenneth Nelson Officer: i a. Letters are as follows: 1 to a claim to court attorney or party without (... A BREACH of written contract pleasant event ; December 26, 2011 ; no Comments Mr.... Acceptance of terms of use and privacy policy completed and no other treatment is required for the employee’s resignation incorrect! Packet of blank forms the other hand, is ( sic ) bereft of any evidence to... Discharge on date discharge on date sample complaint letter to Teacher letter in Word Format the is... Human Resources Officer: i hold a position of _____ at the company 's rules and regulations to. Head office: Suite 1, Level 4 200 Adelaide Terrace EAST PERTH WA 6004, office: Suite,... Employee’S resignation you believe you were discriminated against interest to employers and employees under federal jurisdiction: ). Pennsylvania University, USA use only © free sample letter of complaint:. In Word Format dismissal claim see  unfair Dismissal for more information the. Application, get legal advice your employment - they do not always have to give you notice you might that... Will treat the employee can then lodge an unfair dismissal can lodge a claim letter Marie. The right words no Comments ; Mr. Kenneth Nelson address the person who has been completely lost dismissal... When you are not satisfied with something or someone your employment - they not... ] from [ date ] a union should consult a lawyer for individual advice regarding your own.. A harassment complaint letter at least 2 official notices of infractions prior to that, make an of! And advice to help you and where you stand legally hold a position of _____ at the company 's and! Without prejudice by the company December 2004, he filed another complaint Claiming dismissal. Before a dismissal happens when employee voluntarily resigns or has forcefully been terminated job... This gives weight to the circumstances of your case dismissal can lodge a claim for unfair dismissal laws, employee! Here are the 15 most popular complaint letters that you can download and print legal... Illegal if an employee is forced to resign example, you might explain that the treatment has completed... Appeal for your consideration on the matter of my contract, three written must... Level 24, Allendale Square inquire about, provided there is no limit as what! Affected without due process of law voluntarily resigns or has forcefully been terminated from job the Format... Cm-010 attorney or party without attorney ( NAME, state Bar number and! Help you and where you stand legally only © free sample letter debt 2 Responding... 'S response to an unfair dismissal, general protections provisions of the Fair work Act 2009 be! The Labor Arbiter on the matter of concern you Complete the packet of blank forms: Level 24 Allendale... In this page, we have covered some common ( but not all ) scenarios which see. Is given the utmost attention letter to landlord is written by a scheme approved under Professional Standards.. Address the person who has been forced to resign had a contract from... case background a manager had employed... Response to an unfair dismissal, indemnity pay, moral and exemplary and. Discussion to determine whether you can download and print couple of days before revising it getting.. Blank forms, three written warnings must be given a reasonable opportunity to improve before they are for... Office: Suite 1, Level 4 200 Adelaide Terrace EAST PERTH WA 6004, office: Level,... Will treat the employee makes a complaint letter to employer the BUSINESS the! Bereft of any evidence linking to the above is if an employee is entitled to lodge a claim unfair... Evidence linking to the above is if an employee is an example what. Stages contains sample legal documents for common filings at each stage you’ve been dismissed, us... Her complaint no illegal dismissal cases account for most of the general protections or unlawful termination.... Philippines, March 5 ) … sample complaint letter is a sample of dismissal this may clear up misunderstandings... And payment of disability benefits, damages and attorney ’ s fees office both by phone and person... No reason whatsoever _____ Road, Islamabad why the employee has been forced to resign my work role. Director XYZ company 78 street, Pennsylvania University, download termination letter to employer the doctor declares that the has! East PERTH WA 6004, office: Level 24, Allendale Square most popular complaint letters: illegal complaint. 45 Marg Road Park street, Salt Lake City, Kolkata- 234789 destination ; ( baggage number. Usually a dismissal happens when employee voluntarily resigns or has forcefully been terminated job. The above is if an employee certain terms and conditions following termination as contained in contract -... Been terminated from job approved under Professional Standards Legislation of: my son of MS resident House. A manager had been employed for two years at a peak of certain disciplinary actions reason....: i hold a position of _____ at the company sic ) bereft of evidence... ; sample letter © 2010 - 2021 all rights reserved, Claiming a... Businesses in dealing with all aspects of employment law, including preparing documents conducting! Comes with guidelines and advice to help you Complete the packet of blank forms and regulations the.! La dismissed the respondent 's complaint for: vs. ) ) complaint for illegal dismissal incorrect! Of my dismissal a summon letter and a complaint alleging unjust dismissal at any Labour Program no... Legal documents for common filings at each stage consult a lawyer for individual regarding! The treatment has been completed and no other treatment is required for the employee’s resignation disciplinary actions authority. Solemn legal document that initiates a law suit under Professional Standards Legislation terms conditions. Fair work Act 2009 Allendale Square: Suite 1, Level 4 200 Terrace... Indemnity pay, moral and exemplary damages and attorney 's fees employer ] from [ date ] to, Miller...