부당해고 구제 재심신청 기각처분취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. Details of the decision on retrial;
A. On February 14, 2011, Plaintiff (C Co., Ltd.) established on November 9, 201 and operated a business such as the entrusted operation of comprehensive leisure facilities using approximately 40 workers, and entered into a contract for the entrusted operation of the instant hotel with a joint hotel management body (hereinafter “instant hotel”) around November 2017.
An intervenor is a person who was employed by the plaintiff on December 18, 2017 and worked as an employee in charge of cooking an employee restaurant.
- Grounds for dismissal - (Article 40(16) of the Rules of Employment: Doctrine a person who disturbs the order in the company by Slandering a worker in the company, regardless of his/her duties, regardless of his/her official duties) spreads work and personal history inside the company, and makes improvements to the employee restaurant, not accepting the requirements, and the advice with the employees occur frequently, thereby impairing the unity and atmosphere. In addition, since food materials for which the distribution deadline has lapsed and the employees did not lose their trust in the employee restaurant, thereby impairing the order in the company.
(b).
On July 4, 2018, the Plaintiff held a disciplinary committee for the Intervenor on July 4, 2018 and resolved on dismissal. On July 4, 2018, the Plaintiff sent a written notice of dismissal to the Intervenor’s lodging room on July 4, 2018.
(hereinafter referred to as “instant dismissal”). The grounds for dismissal as stated in the above written notice of dismissal are as follows:
C. The Intervenor asserted that the instant dismissal constituted unfair dismissal, and filed an application for remedy with the Jeju Special Self-Governing Province Regional Labor Relations Commission. On September 27, 2018, the said commission rendered a judgment citing the Intervenor’s application for remedy on the ground that the instant dismissal was unfair and unfair.
Note 2018, 106) D.
The Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission, but the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on December 11, 2018 on the ground that there is no ground for disciplinary action against the Intervenor.