부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the decision on retrial;
A. Since around 2012, the Intervenor served as the head of the mechanical electric team (the head of the electric team) at the management office of B apartment located in Seo-gu Incheon (hereinafter “instant apartment”).
B. On January 15, 2016, the Plaintiff concluded a contract with the council of occupants' representatives for the entrusted management of the instant apartment and commenced management of the instant apartment.
The Plaintiff did not succeed to an employment contract with the employees engaged in the management of the apartment of this case through an employment contract with the existing controlled entity, and concluded a employment contract with the above employees for a fixed period of two months, and then decided whether to employ the above workers on a regular basis by evaluating the working attitude, work performance, etc. during that period.
C. On February 1, 2016, an assistant intervenor entered into a labor contract with the Plaintiff on February 1, 2016, and submitted a written oath stating that the term of the labor contract shall be from February 1, 2016 to March 31, 2016 (2 months) and that “in the event that the Plaintiff is notified that he/she would not be regularly employed during the contract period, he/she shall immediately withdraw and raise any objection thereto.”
Accordingly, the supplementary intervenor continued to serve as the mechanical and electrical leader of the apartment management office of this case.
On February 6, 2016, water supply to each household was suspended due to the breakdown of pumps in the apartment of this case.
The supplementary intervenor's urgent repair of the failure, and the water supply has been resumed, and each household's damage has occurred, such as the melting product, in the process of re-supply of the water whose supply had been interrupted.
The Director C of the Management Office (hereinafter referred to as the "C") pointed out that each household did not broadcast a guide that the damage is expected to be caused to each household prior to the resumption of the water supply to the supplementary intervenor, and prepares a 'statement' to acknowledge the mistake.