In what cases can I receive relief for unfair dismissal?

Unfair dismissal refers to cases where an employer dismisses a worker without meeting the legitimate grounds or procedures required by law.

When workers experience such unfair dismissal, they can recover their rights through an unfair dismissal relief application via the Labor Relations Commission.

Typically, when dismissal is made without any fault on the worker's part, or when dismissal as a disposition is excessive compared to the disciplinary grounds, it is highly likely to be judged as unfair dismissal.

Also, if dismissal is made for managerial reasons without urgent management necessity, or without efforts to avoid dismissal and without going through reasonable dismissal standards and sincere consultation procedures, it may also constitute unfair dismissal.

In addition, dismissals that violate dismissal prohibition grounds stipulated in the Labor Standards Act, Equal Employment Opportunity Act, Trade Union Act, etc., or dismissals that do not follow dismissal procedures under work rules/collective agreements, or dismissals made during periods when dismissal is restricted such as during illness treatment or maternity/childcare leave are also subject to unfair dismissal relief.

A worker subjected to unfair dismissal can file an unfair dismissal relief application with the Regional Labor Relations Commission within 3 months from the date of dismissal, and if dissatisfied with the judgment result, can dispute it through reconsideration by the Central Labor Relations Commission and an administrative lawsuit.

Separately, it is also possible to file a lawsuit for confirmation of dismissal nullity with the court.

Since whether dismissal is unfair and the relief method are judged on a case-by-case basis, if you receive a dismissal notice, it is important to promptly consult with a labor specialist attorney to determine an appropriate response direction.