Labor Law Q&A details

Chapter 4 Working Environment and Disciplinary Action

The Justification of Disciplinary Action

I accidentally damaged my company property during work. However, without going through the disciplinary committee, my company unilaterally suspended me from work for two months. It was a mistake, not a deliberate action, and I have never made a mistake like this before. Is not it abuse of disciplinary authority?

To justified disciplinary action, cause, procedure, and determination must be appropriate. ① In proving the reason for discipline is justified, the employer has a burden of proof, ② Even if there is no discipline procedure rule in the employment rules, it is desirable to grant the person concerned at least the opportunity to vindicate, ③ The level of disciplinary action should be reasonable considering the level of intention or seriousness of disciplinary reason and comparing the equity of disciplinary action with other similar cases. One of these three requirements is flawed and the disciplinary action is illegal. In particular, when judging the justification of a disciplinary procedure, it is not necessary to go through a disciplinary committee. However, if there is a disciplinary committee regulation in the employment rules, the discipline can be nullified by a violation of the procedure. In precedent cases, if the disciplinary procedure is stipulated in the collective agreement or the employment rule, following the disciplinary procedure is an effective requirement, however, if the disciplinary procedure is not provided, the disciplinary action is not invalidated because the disciplinary procedure is not conducted.

In this case, the grounds for disciplinary action may be justified. Procedurally, if there is no rule stipulating opening of a disciplinary committee in the employment rules, the disciplinary action will not lose its justification not just because the disciplinary committee was not held. However, two months of suspension for accidentally destroying company property could be excessive punishment. In order to make an accurate judgment, it is necessary to know the details such as what kind of damage has been done. In order to make an accurate judgment, it is necessary to know the details such as what kind of damage has been done. However, since it was the first time to make the mistake and it was not caused by intention but by negligence, there is a possibility that a written apology or a written notice of warning may be enough.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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