Protection of an Employee against Unlawful Dismissal

The dispute arose after the client was unlawfully dismissed on disciplinary grounds. Following a conflict concerning employment conditions, the employee suspended work due to delayed wage payments. The employer treated the absence as absenteeism and dismissed the employee, while denying the existence of wage arrears and insisting that the disciplinary procedure had been fully complied with.

A litigation strategy was developed based on establishing serious procedural violations by the employer and proving that the employee’s absence from the workplace was lawful. Electronic evidence, including correspondence in messengers and work chats, was documented through a formal notarial report.

The appellate court declared the dismissal unlawful and overturned the first-instance judgment; this approach was subsequently upheld by the cassation court. The client was reinstated, awarded compensation for the entire period of forced absence and granted compensation for moral harm.