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“Are you single?”
An employee who made blasphemy remarks, such as pointing out the appearance of a subordinate, was fired for reasons such as workplace harassment.
However, the court ruled that the dismissal would be excessive if there were no abusive language or abusive language.
The 10th division of the Seoul High Court (Chief Judges Seongsuje, Yangjinsoo, Ha Taehan) lost the same as in the first instance in the case of the school corporation operating the A university against the Central Labor Relations Commission (the Central Labor Relations Commission) to cancel the unfair dismissal remedy retrial. made a judgment
Previously, University A received a report from a subordinate that employee B had been bullied in the workplace, and after conducting a fact-finding investigation, Mr. B was dismissed.
In the internal investigation, Mr. B pointed out the work ability and appearance of his subordinates and said, "Are you single?"
The part where he made blasphemy remarks such as such was recognized as workplace harassment.
In addition, University A said that Mr. B often slept on his stomach during working hours and also cited negligence as a reason for disciplinary action.
Mr. B was dissatisfied with the school's decision to dismiss and requested a retrial for unfair dismissal relief.
The Central Committee said, "The grounds for disciplinary action are acknowledged, but the dismissal is too unfair," and favored Mr. B.
The school corporation was dissatisfied with the decision of the school corporation and filed an administrative lawsuit, but the court of first instance did not accept the claim of the school corporation, saying, "It is difficult to conclude that Mr. B's misconduct was severe enough to lead to his dismissal."
The court of first instance pointed out, "The participant made inappropriate remarks unrelated to work, such as pointing out the appearance of the employee or personal problems, but it is difficult to see that it has reached abusive language or abusive language in light of the contents."
He also judged, "It is acknowledged that he neglected his work because he slept during working hours, but there are circumstances that can be taken into account that the participant is raising young children and that the lack of sleep led to misconduct."
The school corporation appealed against the first trial, but the second trial also concluded that the first trial was correct and dismissed the appeal.
The second trial court also did not accept the university's claim that "Mr. B suffered friction with the staff after reinstatement", saying, "No specific investigation has been conducted."