Representing the interests of the major Russian supermarket chain in a dispute with an employee dismissed for repeated failure to fulfil job duties

The employer had a strained relationship with one of the employees, who was repeatedly subjected to disciplinary penalties and appealed to the court for challenging each order, delayed the terms of bringing to disciplinary liability by receiving sick leaves for several months, subsequent vacation, etc.

During one of the periods when the employee was not released from work, the employer who was confident that the employee had returned to work issued a dismissal order for repeated failure to perform job duties without good reason (the recruitment procedure established by the Labour Code of the Russian Federation was followed). The employee, who had a traveling nature of work, did not come to the office on the day the dismissal order was issued to familiarize themselves with it but the next day received the order and informed the employer that they were on sick leave. On the same day, a claim to declare the dismissal illegal and to reinstate them in their position was filed with the court.   

KIAP employees analysed the documents available to the employer, as well as judicial practice at the level of the region where the employee’s place of work was located, and during the trial they entered into a settlement agreement with the employee. According to the terms of the agreement, the employee withdrew their demands for reinstatement at work.


Julia Paushkina