Do not fire for absenteeism -

Do not fire for absenteeism

The Supreme Court explained: snowfall is an excuse not to come to work.

Do not fire for absenteeism

In anticipation of the onset of cold weather, the clarification made by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation may be very important. She reviewed the decisions of lower courts on the dismissal of an employee due to failure to appear at work.
The banal question is whether it is possible not to go to work if the public utilities did not manage to clear the road from the snow in time, according to the Supreme Court, the local courts did not allow it correctly. But the high court supported the plaintiff - an employee of one of the Moscow research institutes. Due to heavy snowfall, the woman was unable to get to work, and this became the basis for dismissal.
The conflict itself happened in February 2018. At the beginning of the month, on the weekend, the plaintiff went from Moscow to the region to visit elderly parents. But the weather turned bad, and heavy snow began, lasting almost two days. As a result, by Monday, the only road in the village was under a thick layer of snow, with all the ensuing consequences.

That is, public transport did not go, and the nearest train needed to get 10 kilometers to the waist in the snow. The employee, seeing that she could not get out of the village, informed her supervisor that she would not work.
The citizen tried all possible options to break out of the snow captivity - she even called a tractor to clear the road. But the tractor could not get to the place because of a car abandoned on the road.
The plaintiff was not forgiven for absenteeism, and the employer fired the employee a few days after such an unfortunate Monday. Disputing the illegal, in her opinion, dismissal, the citizen filed a lawsuit in the district Timiryazevsky court of the capital. But they decided that the dismissal was correct.

The appeal in the person of the Moscow City Court found no errors in the decision of the colleagues and considered their opinion to be correct and legal.
After that, the citizen had to go to the Supreme Court and ask for the cancellation of the court decision. The Judicial Collegium for Civil Cases of the Supreme Court examined the case and considered that the trial courts did not check all the circumstances of the case and did not assess the proportionality of the dismissal.

The Judicial Collegium for Civil Cases emphasized that the plaintiff was unable to leave the village because of a road that had not been cleared after heavy snowfall. And in the village where she was, such a road - one for entry and exit.

At the same time, public transport in the village also does not go, and the nearest station is 10 kilometers, which it was simply unrealistic to overcome after a snowfall.

The Supreme Court also emphasized that usually a tractor clears a village road, but that day it could not pass because of a car abandoned on the road.

All these points must be taken into account by local courts when making a decision, the Supreme Court said and overturned all decisions that made the dismissal legal. The case will be reviewed.

Source: Russian newspaper

19.09.2019 07:11:46
(Automatic translation)

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