A former employee of our client appealed to the Petrodvortsovy district court of St. Petersburg on a wrongful termination suit for the re-employment, the recovery of lost wages, non-pecuniary damage and attorney fees claim (Case number 2-652/17).
The employee was dismissed in connection with layoff procedures as followed from the case materials. However, he filed the claim stating the dismissal was illegal, because, according to him, the employee had the right for continual employment at the company (Aspectum’s client), and that he was not offered any available job openings, and that his management position was offered to another person who performed similar duties. The employee insisted that he was dismissed due to disagreements with the employer in regard to the vacation days policy.
However, the employee did not take into account that an employer has the right to determine the number of employees and staffing charts according to the Labor Code. The layoff was announced in connection with the merger of two job sites, therefore there was no need for two management positions. The layoff was legally executed and any “pre-emptive rights” to fulfill the remaining position was granted to another employee after reviewing both employee’s candidacies.
Numerous witnesses were questioned during the trial who were are unable to refute points presented by Aspectum. Team during questioning, including proving the conflict between the parties to the dispute. The Court and the Prosecutors did not find any violations of the law in our client’s actions.
The claim was denied in full.