The case of illegal dismissal of the director of Open Joint Stock Company

Situation

The leadership of the district executive committee tried to dismiss the director of an agricultural OJSC for guilty actions, so commissions and inspections were sent to dairy farms to look for violations that could become grounds for dismissal of the director for failure to perform labor duties. As a result, the director was fired on defamatory grounds.

Work process

The attorney drew up a competent, reasoned statement of claim and represented the interests of the dismissed director in court. At trial, the attorney argued that the dismissal was illegal.

The court changed the wording of the reason for the dismissal of the director from paragraph 4 of Art. 42 of the Labor Code “Systematic violation of labor duties” for part 1 of Art. 260 of the Labor Code “At the request of the head of the organization”, and also collected the average earnings for the time of forced absenteeism, compensation for non-pecuniary damage, and the costs of paying for the services of the attorney.

Result

The client has won the case. The court’s decision

The court's decision