Violation of labor discipline and violation of the dismissal procedure by the employer the court reasonably refused to recover at work
By the decision of the Judicial Board of May 12, 2016, the decision of the Court of Aktobe city on January 29, 2016 to recognize the order to the RSE PVC as illegal and satisfy the requirement for its cancellation, restoration at work, recovery of wages for forced absenteeism and compensation for moral damage was changed. At work, the claim for recovery and recovery of moral damage was refused. The board determined that T. worked at the RSE as a senior lecturer of the Department of "legal disciplines" of the Institute of Economics and law, is a candidate of Legal Sciences. By order of the rector of the University, the employment contract with T. was terminated on the basis of subparagraph 1) of Paragraph 1 of Article 54 of the Labor Code for the commission of an indecent misconduct by an employee performing educational functions on the initiative of the employer, incompatible with the continuation of this work. The basis for the dismissal was the materials of an official investigation on a collective letter from the teaching staff, which found that T. in the Office of the director in the presence of students and teaching staff began to swear, shout and curse colleagues.
Violation of labor discipline and violation of the dismissal procedure by the employer the court reasonably refused to recover at work
The court of first instance, satisfying the requirements of the plaintiff, based its decision on the fact that the employer, in violation of the procedure and rules for conducting an official investigation, does not comply with the punitive procedure and investigative procedures, t.the fact of committing an indecent offense has not been established, an official investigation has not been conducted to objectively determine the circumstances of committing a At the same time, the absence of an explanatory plaintiff on the fact of committing a immoral misdemeanor cannot be an unconditional basis for recovery in work, since the immoral misdemeanor of the plaintiff is confirmed by the decision of the specialized administrative court of Aktobe, which entered into legal force on December 9, 2015, and other materials of the case. By the court decision, T. was found guilty of committing an offense provided for in Part 1 of Article 434 of the Administrative Code of the Republic of Kazakhstan. By judicial act T. entering the Office of the director, in the presence of the teaching staff and employees of the institute, he threatened, swore, shouted and cursed the participants, thereby showing his disrespect, committing immorality in relation to those around him. In such cases, the jury concluded that the plaintiff allowed his colleagues to treat them rudely, using profanity that insulted their personal dignity, that is, they committed actions contrary to the requirements of pedagogical ethics.
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