Unfortunately, it’s very common for employers to abuse the power they have over employees in the companies they run. Thus, in many cases, the employer does not follow the strict procedure provided by the Labor Code for dismissal and does not take into account employee rights or those who are on probation with the employer. What can we do when the employer uses unfair dismissal without justifiable reasons?
We will present today an unprecedented situation in which lawyers from SCPA Boerescu Ciocodeica in collaboration the lawyer Alexandru Păun, tried the impossible with a case that did not seem to have any chance of winning: contesting a dismissal decision in court, where the employee’s dismissal occurred on the first day after the probation period.
SCPA Boerescu Ciocodeica & Alexander Peacock: A process apparently no chance of winning unfair dismissal
The SCPA Boerescu and Ciocodeica team in collaboration with the lawyer Alexandru Păun, from Bucharest city, decided to initiate a litigation that seemed without a chance of winning from the perspective of the judicial practice so far.
In fact, an employee from Bucharest was fired, without a justified reason, at the end of the probationary period, which determined him to turn to the legal services offered by Alexandru Păun and the lawyers from SCPA Boerescu and Ciocodeica.
Although a probationary period of 90 calendar days was provided, the employer took the dismissal decision on day 2 of the probationary period, without any justifiable reason. Often, the probationary period is defining for both an employee and an employer. From the perspective of employers, this is seen rather as an accommodation of the employee and also as a confirmation of his professional training, not necessarily as a trial period. In fact, for the employee, it is the perfect opportunity to realize if he likes the activity, the organizational culture, and if he finds himself there for the long term.
According to the Article 31 of the Labor Code, from a legal point of view, during the probationary period, an employment contract is carried out normally, the employee enjoys all the rights and has all the obligations provided in the labor legislation. During the probationary period or at the end of it, the individual employment contract may be concluded only by written notice, without warning, at the initiative of either party.
,,The client’s situation seemed difficult to win, the particularities of the case and the confidence of our client, determined us to try the impossible. Therefore, we continued our proceedings and relied on abusive treatment because the client had been dismissed for no reason, with the intention of harassment. However, analyzing the evidence in the case, the first instance concluded that there was no discriminatory behavior from the employer, which would have caused moral and material damage” said the lawyer Alexandru Păun.Lawyer Alexandru Păun
A case won. The unprecedented situation in labour disputes
Against the sentence, the lawyers requested an appeal of this case. Initially, the court wrongly understands that the termination of the employment contract would have happened during the probationary period. But in the end, the result of this litigation was an exceptional one, which speaks for itself: a case won!
The lawyers demonstrated that the employer was obliged to issue a dismissal decision that complied with the Labor Code, respectively this decision should have been motivated and justified. Demonstrating professionalism and perseverance, they were able to point out that the decision was taken in bad faith by the employer, causing moral damage, including the lack of the necessary sources of income, which provides him with the security of tomorrow, the injury to professional and career development and lack of continuity in work.
,,Finally, the Bucharest Court of Appeal decided that the complainant was entitled to compensation for the damage, and the amount of 10,000 Euros, equivalent in lei, at the BNR exchange rate on the day of payment, was able to cover the damages suffered. It is certainly one of the unprecedented decisions in labor disputes!” declared Alexandru Păun for Valahia News.Lawyer Alexandru Păun
Abusive dismissal and protection of employees
The national legislation contains several prohibitions on dismissal, with the main purpose of protecting employees. Some of these concern only certain reasons for dismissal, while others are absolute, especially those concerning discrimination. An employer should find a fairway and be objective when deciding to fire someone. In other words, it means that this decision should be based on justified evidence, not just a subjective and unfounded opinion. In this case, if the employer has not followed all the legal steps and has not complied with the Labor Code, then the employee can take law into its own hands.
If you are one of the people who feel that the way they were fired is not justified and is not based on a good reason, we advise you to contact the Employment lawyers so that they can analyze your situation.