Currently, I am disputing the legitimacy of my dismissal by having filed for remedy for unfair dismissal with the Labor Relations Commission. However, I am experiencing great mental stress in all of these processes. If it is found that I have been unfairly dismissed, can I demand compensation from the employer for the mental suffering as well as my wages during termination?
In order to claim compensation for mental suffering from an employer, the unfair dismissal has to be recognized as a tort.
A tort is an act of intentionally or negligently causing losses to or inflicting injury upon another person by an unlawful act. Not all illegal acts are torts. Unfair dismissal, by itself, is not a tort. In general, employers are not experts in law, and most unfair dismissals are a result of misinterpretations of the relevant laws concerning the severity of discipline. Therefore, there is no fault that could cause the employer to be liable for illegal act. If it is clear that it is unacceptable in view of social norms, such as the employer dismissing the employee simply to get the employee out of the workplace even though no reason exists to dismiss that employee. If the employer only paid a little attention and could have avoid responsibility for wrong, etc., illegal act can be given to the employer. If unfair dismissal is recognized as a tort, the employer is obliged to compensate for the employee’s mental suffering. In addition, if a decision is made that disciplinary dismissal is null and void but the employer delays reinstatement for a long period of time, this also violates the workers’ rights and the employer becomes obligated to compensate the worker for mental suffering.
However, since the allegations against mental damages are not dealt with by the Labor Relations Commission, you must file a lawsuit with the court separately. In practice, there are not many cases in which unfair dismissal is regarded as actual tort.