Last time, I reconfirmed the points when hiring staff. This time, I will hold my understanding of “layoffs”.
Business owners may often want to fire an employee for “problems with their work attitude” or “inability to look forward forever”. However, in the case of such dismissal, there are instances where it develops into a trial, and as a result, it seems realistic there are many cases where dismissal is not approved. In this article, we will introduce a real trial case.
Example: A company fired A because there was a problem in the working attitude of employee A likes alcohol and it interfered with his job.
① What is A’s working attitude?
Personnel A often goes to work drunk and drowsy while working. Also, get in touch with your business partner when he is drunk and does not turn around. Make a long call to another employee after work. Regular vacations are performed due to poor physical conditions, which interfere with the company’s business.
② The Chairman gave A instructions
Regarding A’s working attitude, not only other employees but also business partners complained to the company, so the chairman (1) limited drinking alcohol (2) called other employees after 9pm. What to do ③ If you feel sleepy while at work, take a nap in your private room.
③ From dismissal to litigation
Even after receiving instructions from the chairman, A’s attitude hasn’t changed. At that time, when a business partner came to the office for a meeting with A, A was unannounced, even when the company asked him to go to work he didn’t respond and the meeting didn’t. be held. In this case, the business partner asked A to fire and the company also asked A to send the retirement notice but A refused, so A was assigned as under the usual dismissal reason.
regulations in recruitment regulations. I was fired. On the other hand, A sued and claimed damages because the dismissal was against the law.
④ Firing is illegal
In this case, the company assumes that A’s series of work attitudes would lead to the assumption that “there is no problem with A’s dismissal and that A’s compensation is not acceptable”.
However, the verdict said that A’s claim was partially accepted, stating that “A’s conduct was problematic and that was the reason for the dismissal, but the dismissal in this case was illegal because of it. cannot be accepted as conforming to social conventions. ” The result is. What was the problem on the company side?
⑤ Company behavior in question
According to the report, A’s work environment disturbance was caused by A’s drinking attitude, but “The company should give A an opportunity to change his working attitude by making him aware. problem. Even so, I neglected it. “
⑥ Improvement opportunity that company should have given
The opportunity to change the attitude that the company should have based on the judgment corresponds to repeatedly instructing the following content.
In many cases, if the employee cannot avoid being fired without any improvement despite practicing these instructions, the dismissal is allowed.
What you can see in this case is that it is not easy to get fired for any reason. Opportunities for improvement need to be created many times before an employer decides to fire. There are lots of loss or risk factors, such as manpower and time, and the atmosphere of the workplace, that ultimately hinders work. Please carry out recruitment activities at the beginning of the year, remember that recruiting employees requires great responsibility.
Source: Orrence Company Limited Joint leadership “Do your best! Management board”