Gwangju Administrative Litigation Attorney | The Workers' Application for Remedy Against Unfair Dismissal Was Dismissed

The Gwangju attorney will explain the meaning of unfair dismissal, the persons eligible to apply for remedy, and the procedure.

🔗Unfair dismissal means a dismissal without just cause.

If dismissed without just cause, a worker may apply to the Labor Relations Commission for remedy against the unfair dismissal.

The persons who may apply to the Labor Relations Commission for unfair dismissal are as follows.

The procedure for remedy against unfair dismissal through an application to the Labor Relations Commission and the filing of an administrative litigation is as follows.

If you are an employer who dismissed an employee for a legitimate reason but received a remedy application for unfair dismissal from the employee, you may feel very frustrated.

We will examine how an employer can respond when faced with a remedy application for unfair dismissal.

1. Securing procedural legitimacy

The Labor Relations Commission examines the dismissal procedure more strictly than the grounds for dismissal.

You must secure the legitimacy of having dismissed in accordance with procedure, such as a written warning before dismissal, a statement of circumstances, and interview records.

2. Clear and specific grounds for dismissal

You must prove the legitimacy of the dismissal by stating specific grounds rather than abstract expressions.

3. Maintaining the employment contract and rules of employment

Specifying the grounds for dismissal and disciplinary procedures in the company's rules of employment is advantageous for securing legitimacy.

4. Assistance from a specialized attorney

It is advisable to obtain advice from an attorney specializing in administrative litigation before appearing at the Labor Relations Commission.

This is because, due to minor mistakes such as omission of document submission, a dismissal may be dismissed even though it was a legitimate dismissal.

The client and the applicants were parties who had entered into a freelance service contract for the project at issue.

The client agreed to pay a daily wage of 300,000 won less a 3.3% tax deduction.

Starting from the second month, the applicants began to continuously demand an increase in the daily wage.

In addition, they attempted to sow discord with the client and fostered conflict within the team, and they also spread false information and the like to other employees.

As a result, the client came into deep conflict with the other employees and the company's operations suffered a significant blow.

The Gwangju attorney argued that the client had given notice of dismissal in response to the applicants' overbearing conduct described above, emphasizing that it was a justified dismissal.

The Gwangju attorney submitted a fact confirmation statement from another employee as evidence to prove the applicants' misconduct.

The coworker wrote a confirmation statement containing the following: "The applicants used to say that the boss (the client) would dismiss the employees and sell the company once this project was finished, and that we had to raise our daily wage and make money before then."

The Gwangju attorney argued that the client had given notice of dismissal through proper procedures.

In fact, the client had held several meetings with the applicants and had made every effort before giving notice of dismissal.

However, the client and the applicants ultimately failed to reach an agreement, and the client had no choice but to give notice of dismissal.

The Gwangju attorney submitted records of the several meetings the client had held with the applicants as evidence and emphasized that it had been a proper dismissal procedure.