부당해고구제재심판정취소
1. Revocation of the first instance judgment.
2. The National Labor Relations Commission shall manage the comprehensive members of the Central Committee on April 28, 2016.
1. Facts that there is no dispute over the grounds for the decision made by a retrial [based for recognition], entries in Gap evidence 1, 2, 3, 5 (including each number; hereinafter the same shall apply), Eul evidence 4, and the purport of the whole pleadings;
A. The Plaintiff was established on November 22, 1991, and employs 3,50 full-time workers from 26, 99-gil-ro, e.g., e., 199 to 3,500, and operated a building management business. The Intervenor joining the Intervenor (hereinafter referred to as the “ Intervenor”) joined the Plaintiff on November 6, 2014 and worked as the head of the electricity division in the management office of Seo-gu Incheon Seo-gu Apartment (hereinafter referred to as the “instant apartment,” and the above management office, by November 6, 2015.
B. On October 1, 2015, the Plaintiff notified the Intervenor that the Intervenor will be dismissed on November 6, 2015 on the ground that the labor contract concluded between the Plaintiff and the Intervenor on November 6, 2014 (hereinafter “instant labor contract”) was terminated on November 6, 2015.
(hereinafter referred to as “instant notice”). C.
On November 6, 2015, the Intervenor filed an application for remedy with the Incheon Regional Labor Relations Commission on the 20th day of the same month on the ground that the refusal by the Plaintiff to renew the instant labor contract constitutes unfair dismissal. However, on January 19, 2016, the Incheon Regional Labor Relations Commission determined that the termination of the employment relationship is justifiable on the grounds that the Plaintiff’s refusal to renew the instant labor contract is reasonable.
On February 11, 2016, the intervenor appealed and filed an application for review with the National Labor Relations Commission seeking cancellation of the initial trial tribunal. On April 28, 2016, the National Labor Relations Commission revoked the ruling of the said Incheon Regional Labor Relations Commission and determined that the termination of the instant labor contract is unfair.
(hereinafter “instant decision on reexamination”) 2. Whether to recognize the right to renew the instant employment contract
A. The Plaintiff’s assertion is frequent disputes between the resident and the Intervenor, and the head of the instant management office (hereinafter “head of the management office”).