⚖️ Dismissal because the employee is corrupt. Why does the court still order compensation?

The short answer is that the employer did not write the termination reasons in the termination letter, so the corruption could not be dismissed in court later, even proving that the employee was wrong.

This case is an expensive lesson that entrepreneurs and HR should read, because the mistake was only a few lines of "writing the document," but it cost them a large sum of money.

Cor.

📌 Synopsis of the case.

The company laid off three employees on charges of corruption.

1️⃣, there was a receipt from a restaurant co-owned by an employee, brought to the store, and the informant didn't actually go to the store.

2️⃣ There's another receipt the store confirmed it wasn't issued.

3️⃣ the company suspended and terminated without notice, and then reported the criminal case later.

Cor.

⚖️ How did the court decide?

Issue 1 Compensation and wages instead of notice

▪️ The employer must pay because the termination letter does not indicate the facts of the termination, nor does the employee report the termination.

▪️ According to article 119, at the end of the paragraph, when not specified in the first place, it cannot be quoted afterwards.

▪️ testimony about fake documents is not heavy enough because it only uses a board of directors who are employees of the company, no expertise in handwriting testing.

Issue 2 Is dismissal unfair?

▪️ the 1st and 2nd employees, the court deemed the dismissal to be reasonable because the behavior caused the company to lack trust, so that it would not have to pay the damages.

▪️ third employee, the court deemed it an unfair dismissal because there was no clear evidence of participation. The employer had to pay damages.

Cor.

✅ What HR and the business owners have to do.

1️⃣ Write down the reason for the termination book.

If you will dismiss without paying compensation, you must state the facts that have happened in detail since the book does not write = expires in court.

2️⃣ The investigation must be professional.

Establishing an internal committee alone may not be enough. If it involves handwriting or fake documents, certified experts should be used to testify.

3️⃣ Consider guilt individually.

Even if they believe they are wrongdoing, there must be clear evidence for each of them or risk unfair termination as the third employee.

4️⃣ distinguished between "undisciplined" and "lack of trust."

These two matters are not the same. Lack of trust may dismiss, but also pay compensation and notice.

Cor.

👉 This material is general information, not case-specific legal counsel.

Reference Source: Special Court of Appeal Judgment No. 2942 - 2944 / 2567

Cor.

The common ground for almost all labor cases is "documents and evidence." Whether it's termination books, investigation records, or retrospective work information, parties with more complete records have an advantage in court.

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# Dismissal # Compensation # Labour law # HR # Fingerprint scanner