CONTENTS
- 1. The Client Who Sought the Labor Law Office
- - The Client Involved in an Unfair Dismissal Case
- 2. Unfair Dismissal Explained by the Labor Law Office
- - What Are the Laws Related to Unfair Dismissal?
- 3. The Labor Law Office's Case Response Strategy
- - Labor Law Office Argument (1): The Justification for Refusing Employment
- - Labor Law Office Argument (2): The Establishment of a Probationary Employment Contract
- 4. Result of the Labor Law Office's Assistance, Reexamination Dismissed
- - If You Are Involved in an Unfair Dismissal Case
1. The Client Who Sought the Labor Law Office
This is a case in which the client who came to the labor law office, with the assistance of a law office that had handled numerous labor cases, obtained a dismissal decision in the reconsideration application for remedy against unfair dismissal filed by a worker.
The Client Involved in an Unfair Dismissal Case
The client, the representative director of Company A, conducted interviews to recruit new personnel and, as a result, hired the applicant as a probationary employee.
However, during the probationary period, the applicant received scores that fell short of the criteria for conversion to permanent employment based on an overall evaluation of sincerity, work ability, character, and the like.
Accordingly, the client decided not to convert the applicant to permanent employment.
The applicant then claimed that this measure was unfair and filed an application for remedy against 🔗unfair dismissal.
The Labor Relations Commission did not accept the applicant's claims and dismissed the application for remedy, but the applicant, dissatisfied with this, applied for reexamination.
The client therefore came to the labor law office to respond to the case more systematically.
2. Unfair Dismissal Explained by the Labor Law Office
The client sought out the labor law office in order to respond thoroughly to the case for reexamination of the application for remedy against unfair dismissal.
The labor attorney reviewed the statutes relevant to the case in detail together with the client.
What Are the Laws Related to Unfair Dismissal?
A dismissal may be recognized as justified where it falls under a ground for discipline specified in the employment contract, the rules of employment, the collective agreement, or the like, or where the relationship of trust between labor and management has been seriously undermined by the worker's conduct.
However, even if the ground for dismissal is justified, there is a high likelihood that the dismissal will be regarded as unfair if the procedures set out in the company's collective agreement or rules of employment are not complied with.
Accordingly, for a dismissal to be justified, it must have not only a valid ground but also procedural legitimacy.
The statutes relevant to the case are as follows.
(1) The Labor Relations Commission shall impose an enforcement fine of up to 30 million won on an employer who, after receiving a remedy order (including a reexamination decision constituting a remedy order; the same shall apply hereinafter in this Article), fails to comply with the remedy order by the deadline for compliance.
3. The Labor Law Office's Case Response Strategy
The labor law office established a meticulous strategy based on the background of the case and the main issues.
To have this petition dismissed, the following arguments were made.
Labor Law Office Argument (1): The Justification for Refusing Employment
The client structured the job aptitude evaluation so that it could comprehensively review the employee's job competence and attitude.
Considering the applicant's lack of expertise, refusal of a superior's work instructions, violation of attendance-related regulations, and similar conduct, this refusal of employment has a reasonable basis.
The attorney also emphasized that the written notice obligation had been duly performed so that there was no procedural defect, and that the refusal of employment had been made within the scope recognized as reasonable under generally accepted social norms.
Labor Law Office Argument (2): The Establishment of a Probationary Employment Contract
The applicant clearly confirmed and signed the labor contract, which provided that a person deemed unsuitable for continued employment during the probationary period could have their hiring canceled.
The applicant was sufficiently aware in advance that their form of employment was probationary employment.
The argument emphasized that, by claiming through the request for reexamination that they were not a probationary employee, the applicant was contradicting the content of the labor contract and their previous assertions.
4. Result of the Labor Law Office's Assistance, Reexamination Dismissed
The National Labor Relations Commission accepted the labor attorney's arguments and issued a decision that "the request for reexamination by the reexamination applicant (the worker) is dismissed."
The client, who was able to obtain the desired result, expressed deep gratitude.
If You Are Involved in an Unfair Dismissal Case
This case requires a high level of legal judgment regarding the legitimacy and procedural validity of the dismissal under labor law, so the assistance of an 🔗industrial accident attorney can be crucial.
Daeryun responds professionally across all areas that may arise in the workplace, including damages related to industrial accidents and serious accidents, wages and severance pay, and workplace harassment.
Experts from various fields form a team dedicated to a single case, establish a reasonable strategy, and actively protect the rights of clients.
If you need the assistance of a specialized attorney in a situation similar to the case above, please entrust your case through a 🔗legal consultation reservation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
