Posted 10 сентября 2021, 10:31
Published 10 сентября 2021, 10:31
Modified 24 декабря 2022, 22:38
Updated 24 декабря 2022, 22:38
According to Rossiyskaya Gazeta, this position of the Supreme Court appears in a number of recent cases. An example is the situation that occurred in the Far East with a laboratory engineer at one of the defense plants. He had a conflict with his boss, as a result of which he beat his subordinate. The worker was diagnosed with a concussion.
On the fact of the incident, the employer drew up a statement of an industrial accident. The chief was brought to administrative responsibility and fined. But the engineer was unable to continue working at the plant. He asked to fire him for health reasons due to injury at work and "due to the creation of unbearable working conditions for him by the management, the inability to fulfill his job duties".
However, the authorities changed the wording in the order - to dismissal of their own free will. The engineer filed an application with the courts, but he was refused. At the same time, the Supreme Court overturned all previous decisions and sent the case for review. He instructed to double-check the facts due to which the dismissal really happened. The Supreme Court noted that the courts did not assess the "conflict situation that took place", and also did not establish the motives that the employee was guided by when writing the letter of resignation.