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I have a question about applying for remedy against unfair dismissal after parental leave

I work at a small or medium-sized company. After returning to work following parental leave, I was assigned to a department entirely different from the one I had been in charge of for more than ten years. I felt very flustered and wronged, and my wages also suddenly fell below the level I had been receiving, and now I have learned that they are trying to dismiss me. In this case, should I file an application for remedy against unfair dismissal, and how can I obtain relief?

Application for remedy against unfair dismissal

Unfair dismissal

Answer to Related Inquiry

Author: 고병준

Under the Equal Employment Opportunity Act, an employer is obligated to reinstate an employee who has completed parental leave to the same work as before the leave or to a position that pays the same level of wages.

An employer holding personnel authority may reinstate a worker to different work that pays the same level of wages, and the worker must comply. However, the employer must go through a process of consultation with the worker before reinstatement, and if the worker does not approve, the worker may refuse the proposal.

If the place of work was specified, or if reinstatement was limited only to specific work, no change is possible without the worker's consent.

In addition, in the event of an unfair dismissal, where an employee is dismissed without just cause, the Labor Standards Act provides that, if the number of ordinary employees is five or more, an application for remedy against unfair dismissal may be filed in the following manner.

The application may be filed with the Labor Relations Commission having jurisdiction over the workplace, and it must be made within three months from the date of dismissal. The commission investigates the facts, conducts examinations, and then renders a decision.

In addition, an employee may file a civil suit with the court seeking confirmation of nullity of dismissal.

If a favorable judgment or a remedy decision is obtained in either of the two procedures, immediate reinstatement to the original position becomes possible, and the original employment relationship is thereby restored.

The employee may claim the wages that went unpaid during the dismissal period, and will be paid, in money or goods, an amount equal to or exceeding the wages that would have been received had work been provided during the dismissal period.

Accordingly, an application for remedy against unfair dismissal requires legal analysis in order to steer the case in a favorable direction.

Since you should also take into account the possibility that administrative litigation may be commenced, if you intend to proceed with an application for remedy against unfair dismissal, you may wish to seek legal assistance from our firm, where attorneys specializing in labor law work together with labor consultants.