Employees were sexually harassed by their leaders, and department heads were dismissed for ignoring requests for help! The presiding judge explained the reasons in detail

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2021-04-25 08:50

In 2017, Xiaoling joined Dahl Company, Wang is now her department head, and Ding Sheng is Wang Xian's superior. On the first day of employment, Xiaoling encountered sexual harassment, and the big leader Ding Sheng sent her a number of ambiguous WeChat messages. The next day, Xiaoling took a screenshot of WeChat and sent it to her supervisor Wang Xian, but Wang Xian did not reply positively. After that, Xiaoling kept a distance from Ding Sheng and refused to have lunch with Ding Sheng and Wang Xian. In August 2018, Wang Xian interviewed Xiaoling and asked why ding's ecological degree was abnormal, and Xiaoling mentioned a screenshot of WeChat when she first joined. Wang Xian said that he did not want to mix this matter, and even said, "He is so direct, if I am, first approach you, touch and see, and then chat." In November 2018, Wang Xian asked the personnel manager for the termination of Xiaoling's labor contract on the grounds that Her work performance was not up to standard and did not fit in with the group, but the personnel department refused. At the same time, after the personnel department learned about the situation from Xiaoling, it launched an internal investigation into Ding Sheng, and concluded that Ding Sheng violated the company's regulations and should terminate the contract, after which Ding Sheng left his job on his own. On the same day, the company also issued a letter of dismissal to Wang Xian, pointing out that he had not fulfilled his duties as a manager.

In this case, Wang was not the direct perpetrator of sexual harassment, but was eventually fired by the company.

Sun Shaojun, judge of the Civil Trial Division of the Shanghai No. 1 Intermediate People's Court, explained that this is mainly related to the employer's system regulations, because the employer's rules and regulations in this case clearly stipulate that making false statements in the course of the investigation initiated by the unit is a serious violation of discipline that will lead to immediate dismissal. Second, the rules and regulations of the unit also stipulate that for managers, supervisors and other managers, not only should they become models of integrity and law-abiding, on the other hand, when subordinate employees raise their own concerns and problems, they should take timely measures to help solve them, rather than retaliate.

Then, judging from the situation in this case, when wang mou in this case reported to him that he had suffered harassment from indirect superiors, he not only did not take measures to help solve the problem, but instead said very inappropriate and obviously contrary to public order and good customs to the subordinate female employee, and later proposed to the personnel department to dismiss the female employee. Therefore, the employer's determination that Wang Xian retaliated against the female employee also had other reasonable grounds. On the other hand, in the subsequent investigation process launched by the employer, Wang Mou also made a false statement about whether any female employees had reflected to him the fact that they had been harassed by superiors and indirect superiors. On the whole, it seems that this Wang mou seriously violated the rules and regulations of the employer, so in this case, the employer's termination of the labor contract against Wang is fully based.