Фото: Illegally dismissed from work: reinstatement – case law

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Illegally dismissed from work: reinstatement – case law

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Dismissal from work is always a difficult and stressful situation, especially if it happened illegally. In this case, the employee has the right to legal protection of his rights. One of the ways to protect your rights is to resume work. This means that the court can oblige the employer to rehire you for the same position you held before you were fired.

Court practice shows that the chances of reinstatement in case of illegal dismissal are quite high. Thus, according to the State Judicial Administration of Ukraine, in 2023 the courts satisfied more than 70% of claims for reinstatement.

What is necessary for the court to reinstate you at work?

  1. Prove that your dismissal was illegal. This can be done by providing the court with relevant evidence, such as a dismissal order, employment contract, warning letters, etc.
  2. Apply to the court for reinstatement within a month from the date of dismissal.
  3. Take part in court hearings and prove yourself right.

It is important to know that the court will not reinstate you at work if:

  1. You were fired with a warning for absenteeism or other violations of labor discipline.
  2. You have been dismissed with a warning for being unfit for the position you hold or the work you are performing.
  3. You were dismissed due to the liquidation of the company or downsizing.

Why is it important to consult a lawyer if you have been illegally fired?

The lawyers of the company "Prykhodko and Partners" will help you:

  1. Gather the necessary evidence for submission to the court.
  2. Prepare a statement of claim and other necessary documents.
  3. Represent your interests in court.

Do not be afraid to defend your rights. Contact the experts of our company, and we will help you get back to work and receive proper compensation for forced absenteeism.

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Examples from judicial practice regarding reinstatement

  1. Case No. 686/6044/21 (Supreme Court of Ukraine): the employee was dismissed for absenteeism, but the court found that the employer did not give him the opportunity to explain the reasons for his absence. The court reinstated the employee and charged the employer the average salary for the period of forced absenteeism.
  2. Case No. 260/1144/20 (Lviv Court of Appeal): the employee was dismissed due to downsizing, but the court found that the employer did not comply with the laid-off procedure. The court reinstated the employee and charged the employer the average salary for the period of forced absenteeism.
  3. Case No. 463/1772/19 (Odesa Court of Appeal): the employee was dismissed for not being suitable for the position he held, but the court found that the employer did not provide him with the opportunity to pass the certification. The court reinstated the employee and charged the employer the average salary for the period of forced absenteeism.

These are just some examples from court practice. Each case is unique, and therefore the outcome depends on specific circumstances.

Contact us to resume work in case of illegal dismissal

If you have been fired illegally, do not delay and contact the lawyers of our company. We have extensive experience in re-employment cases and will help you:

  1. Gather the necessary evidence for submission to the court.
  2. Prepare a statement of claim and other necessary documents.
  3. Represent your interests in court.
  4. Get reinstatement and receive compensation for forced absenteeism.

Our lawyers:

  1. They have deep knowledge of the labor legislation of Ukraine.
  2. They have many years of experience in conducting court cases on reinstatement.
  3. They always adhere to the principle of honesty and professional ethics.
  4. Will do everything possible to protect your rights and interests.

For more detailed information and assistance in your specific case, you should order a consultation from our expert.

Have you decided to order a consultation? Do you want to know the cost of renewal at work? Fill out the form below.

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