Pro Bono Employment Advice for Civil Society
Pro Publico matched a Brussels-based civil society organisation with the labour and employment team at the law firm Crowell & Moring, delivering expert pro bono employment advice at a critical moment.
For many non-profit organisations, a legal dispute with a former employee is not just a legal problem. It is an existential one. Without access to professional employment advice, even well-run organisations can find themselves exposed – legally and reputationally.
This is the story of how free legal support helped one European civil society organisation navigate a sensitive employment dispute, avoid costly litigation, and move forward with confidence.
The Challenge: Employment Disputes in the Non-Profit Sector
Non-profit organisations operate with lean teams and tight budgets. When an employment dispute arises, most lack the internal legal capacity (or the financial resources) to respond effectively.
Belgian employment law places significant obligations on employers. When terminating a contract, organisations must be prepared to justify their decision in detail. Failing to do so risks a judge declaring the dismissal unlawful. The consequences can include compensation payments and additional fines.
For organisations working in the public interest, this creates a difficult tension. They are expected to uphold the highest standards of integrity – yet the cost of proper legal guidance can be prohibitive.
The Beneficiary: Championing Lifelong Learning and Inclusion
The organisation at the centre of this case is a European advocacy body dedicated to promoting lifelong learning as a driver of inclusion, empowerment, and democratic participation. It amplifies the voices of adult learners and educators at the European level, with a particular focus on women and under-represented groups.
In short: it works every day to ensure that no one is left behind. And yet, when it came to its own internal legal challenge, it risked being left without support.
A former employee, whose contract had been terminated with severance pay, sent a registered letter requesting formal clarification of the dismissal. Such letters typically precede legal proceedings.
The organisation had already taken careful steps – consulting its social secretariat and accountant, who confirmed the termination was legally permissible. However, they strongly recommended targeted legal advice given the sensitivity of the situation. The stakes were clear: a formal response was needed that could withstand judicial scrutiny.
“Given their limited resources, our organisation could not easily afford external legal support. Receiving this pro bono assistance helped us uphold and demonstrate the same values of integrity and accountability internally that we advocate for externally.”
The Provider: Crowell & Moring’s Labour and Employment Expertise
Pro Publico matched the organisation with Crowell & Moring, one of the world’s leading international law firms, known for its sophisticated labour and employment practice.
The case was handled by lawyers Emmanuel Plasschaert, Evelien Jamaels and Sofiane Fergali – a team with deep expertise in Belgian employment law and complex workplace disputes.
Crowell & Moring’s commitment to pro bono work reflects a broader belief that access to justice should not depend on the size of an organisation’s budget. Their involvement in this case is a testament to that principle.
The Pro Bono Employment Advice: What the Lawyers Did
The Crowell & Moring team conducted a thorough review of the termination process and its legal robustness. Their analysis covered several key dimensions:
- Assessment of the legal grounds for dismissal and whether the justification provided would withstand a legal challenge.
- Review of the procedural steps taken.
- Drafting guidance for the response to the former employee’s registered letter, ensuring it addressed all required legal elements.
- Advice on the risk of escalation and potential representation strategy should the matter proceed to court.
The advice was comprehensive, practical, and tailored to the specific situation. It gave the organisation a clear picture of where it stood – and what it needed to do next.
The Result: Confidence, Clarity, and Closure
Armed with expert legal guidance, the organisation was able to respond to the former employee’s letter with confidence and precision. The response addressed all the legally required elements – significantly reducing the risk of the dismissal being deemed unlawful.
The outcome was the best possible one. Following the comprehensive advice provided by the Crowell & Moring team, the matter was resolved without further escalation.
For an organisation with limited resources, the value of this outcome cannot be overstated. A legal dispute – even one the organisation might ultimately have won – would have consumed significant time, money, and energy. Pro bono employment advice made the difference.
Why Pro Publico Matchmaking Makes This Possible
Cases like this do not happen by chance. They happen because Pro Publico exists to bridge the gap between civil society organisations that need legal support and the law firms and public affairs professionals who are willing to provide it – free of charge in light of their societal value.
Our matchmaking process is designed to ensure the right expertise reaches the right organisation at the right time. In this case, that meant connecting a mission-driven advocacy body with one of Belgium’s most capable employment law teams.
The result speaks for itself. A potentially damaging dispute was resolved. An organisation dedicated to inclusion and empowerment was able to uphold those same values in its own workplace. And a world-class legal team had the opportunity to put its skills to work for a cause that matters.
This is what access to justice looks like in practice.
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Thanks to @EvelienJamaels, @SofianeFergali, @EmmanuelPlasschaert, @Crowell & Moring, @Francesco Zatelli, @Pro Publico
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