Skliarenko, Sydorenko & Partners Attorneys at law achieved restoration of the rights of an employee dismissed for far-fetched reasons

If the team event of a conflict between superior and subordinate, subordinate, usually turns out to be guilty with all the consequences. Up to dismissal. In this case, it is possible to restore your own good name through the court if you have a balanced legal position.

This was proved by the team of experts of Skliarenko, Sydorenko & Partners, led by lawyer Timur Michailov, who defended the interests of the head of one of the divisions of the Main Directorate of the State Emergency Service of Ukraine in the Kiev region.

Following an official investigation against a person was issued on bringing to disciplinary liability in the form of dismissal for misconduct, the legal requirements on the activities of bodies and civil protection units, significant deficiencies in the organization of work on the supervisory and preventive activities, improper control over the actions of subordinates, as well as obtaining undue benefits.

“When we analyzed the quality of the departmental investigation, the far-fetched grounds for dismissal became apparent,” said the attorney of Skliarenko, Sydorenko & Partners. - This, in fact, formed the basis of the client’s defense tactics. The Kiev District Administrative Court upheld the lawsuit we prepared, and the Sixth Administrative Court of Appeal later upheld this decision. ”

The courts proceeded from the position that disciplinary action is possible if appropriate evidence is established that the employee violated the requirements of the law. However, the defendant did not submit to the court documentary evidence of the fact of the commission of an offense, violation of discipline or public order due to the circumstances, or obtaining unlawful benefits.

As a general rule, any dismissal of a person (both in public service relations and in ordinary labor relations) must be justified. The dismissal of an employee on grounds not prescribed by law, or in violation of the procedure established by law, indicates the illegality of such dismissal and entails the restoration of violated rights.

With this in mind, the courts agreed with the legal position of lawyers that the State Emergency Service of Ukraine has not proved the existence of legal grounds and prematurely applied an extreme measure of disciplinary action, namely dismissal. Therefore, the controversial order was canceled. The court decision entered into force.