부당대기발령 등 구제 재심판정 취소
1. Of the instant lawsuit, the National Labor Relations Commission rendered February 14, 2017 between the Plaintiff and the Intervenor joining the Defendant on February 14, 2016.
On January 18, 1982, the Plaintiff entered the National Agricultural Cooperative Federation, a telegraphic transfer of the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”), and the National Agricultural Cooperative Federation’s credit business was physically divided and a supplementary intervenor was established, the supplementary intervenor succeeded to the labor contract relationship with the Plaintiff on March 2, 2012.
The supplementary intervenor in the personnel system operated by the supplementary intervenor is placed as the "business promotion team" belonging to the local business promotion team, when the results of the examination on the work performance, etc. of workers reach a certain standard, and when the work performance is improved after setting the period of retraining, the supplementary intervenor shall return the worker to the current business department, and when it is deemed that there is no room for improvement of work performance, the supplementary intervenor shall take measures such as disciplinary action, etc. according to the personnel regulations.
The class system in which the supplementary intervenor in the promotion system has against the employees shall be as follows:
- Class 5 (Representative and Assistant Assistant) or lower, Grade 4 (Deputy Director, Deputy Director), Grade 3 (Additional Director), or M (Branch Head) was working at B's branch office from February 19, 2014.
B The head of the branch office, around June 2014, selected the Plaintiff as a person eligible for business promotion and reported it to the supplementary intervenor, on the ground that the Plaintiff’s service performance is poor.
On June 26, 2014, the Intervenor held the “The Second Selection Review Committee for the Second Selection of the Office of Business Promotion” in the latter part of the year 2014, and subsequently selected the Plaintiff as a person eligible for business promotion on July 4, 2014, and on July 7, 2014, the Plaintiff transferred the Plaintiff to the business promotion team affiliated with the Jeju Business Promotion Group (hereinafter “the instant business promotion team”). The Plaintiff asserted that the Plaintiff, a class 5 employee, without being promoted to the “M level, was an unfair transfer, and assigned the Plaintiff as the business promotion group as above, constitutes an unfair transfer.” The Plaintiff’s business promotion team in the instant case, asserting that it constitutes an unfair transfer.