부당해고구제재심판정취소
1. On July 7, 2015, the National Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Intervenor.
The Plaintiff as the party to the instant decision was established on December 29, 1967 and employs 58,00 full-time workers, and is engaged in the manufacture and sales of automobiles. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was employed by the Plaintiff on February 25, 2013 and served as a commissioned contract worker in the Ulsan Factory B.
On January 20, 2015, the Plaintiff notified the Intervenor on January 20, 2015 that the term of the labor contract expires as of January 31, 2015, and verbally notified the Intervenor that the labor relationship is terminated.
(2) On February 9, 2015, the Plaintiff filed an application for remedy with the Busan Regional Labor Relations Commission, but was dismissed on March 31, 2015.
On May 1, 2015, the Intervenor, who was dissatisfied with the above initial inquiry tribunal by the National Labor Relations Commission, filed an application for reexamination with the National Labor Relations Commission on May 1, 2015, and on July 7, 2015, the National Labor Relations Commission accepted the Intervenor’s application for reexamination on the ground that “the instant notice of termination of labor relations constitutes unfair dismissal because the Intervenor refused to renew the labor contract without reasonable grounds despite recognizing the legitimate expectation right to renew the labor contract.”
(2) The Plaintiff asserted that the notice of termination of the labor relationship of this case does not constitute an unfair dismissal for the following reasons, and that the decision of this case was unlawful: (a) there is no dispute on the grounds of recognition; (b) there is no entry of evidence Nos. 1 and 2; and (c) the purport of the entire arguments and arguments.
After the enforcement of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter referred to as the "fixed-Term Act"), an employer may use fixed-term workers for a maximum of two years without reasonable grounds, while in total, by no more than two years.