On May 5, the reporter learned from the Shanghai No. 2 Intermediate People's Court that the court recently handled a labor contract dispute case.
Mr. Li, the creative director of the advertising agency, was terminated from his employment contract after being given two serious written warnings within a month by the company for making a public statement in the team's WeChat group and a suggestion to his subordinates.
The court held that the company's handling of Mr. Li's second disciplinary violations was improper, and that the company should bear the consequences of illegal termination and pay Mr. Li compensation for illegal termination of the labor contract.
The company said the director had twice "serious" disciplinary violations
The employment contract was terminated
In May 2022, Mr. Li joined an advertising agency as a creative director, responsible for the output and daily management of the creative team.
At 2:57 a.m. on November 9, 2022, Mr. Li @ everyone in the team's WeChat group and sent a message: "I reiterate the rules of our team here, everyone is responsible for their own production, and the ideas and suggestions of the boss are just suggestions. Everyone must have their own contribution to the team and the project, people who only talk about the project and do not contribute to the project are not welcome, there is no subordinate relationship, only a cooperative relationship, please encourage yourself!
At 9:21 the next day, Mr. Li's boss, Mr. Wang, replied in the WeChat group: "I hope everyone can look at the problem of audit output rationally, the boss asked me to come over to improve the efficiency of the team and the quality of the work, some people with ulterior motives will rely on the old and sell the old, everyone is for work, no one deliberately embarrasses anyone, I also agree with flat management, so you can communicate with me face-to-face if you have any suggestions, there is no need to discuss in a small circle, everyone is an adult, this judgment is still there." I am new to the city, and I hope to work well with everyone to improve team cohesion. ”
Mr. Li did not quarrel with Mr. Wang afterwards.
On 9 December 2022, the Company found that Mr. Li and his superiors had a public quarrel in the work group and published incendiary content at an inappropriate time to affect his colleagues, and gave Mr. Li a serious written warning. Mr. Li signed the penalty notice.
On November 24, 2022, the company's personnel sent an email to Mr. Li, saying that his subordinate's work efficiency was low, which affected the team's project execution rhythm, and the quality of deliverables did not meet the requirements, and hoped to deal with the subordinate as soon as possible. The company stated that because Mr. Li did not deal with the subordinate, the company's personnel directly communicated with the subordinate on November 27, 28 and 29 of the same year.
On December 26, 2022, the Company found that Mr. Li, as the creative director, failed to take the initiative to perform his management duties in a timely manner when his subordinates made mistakes, were complained about and their work performance was not up to standard, and did not take any management action even after being reminded by the company's personnel, and gave Mr. Li a serious written warning. In addition, due to the accumulation of two serious written warnings, the company made a decision to terminate the labor contract.
The parties claimed
The company is laying off employees under the pretext of an excuse
Therefore, the company's handling of Mr. Li's second disciplinary violations was improper, and the company should bear the consequences of illegal termination and pay Mr. Li compensation for illegal termination of the labor contract.
Dissatisfied, the company appealed to the Shanghai No. 2 Intermediate People's Court.
Court:
Whether there is a serious violation of discipline must be strictly grasped
In the end, the Shanghai No. 2 Intermediate People's Court rejected the appeal and upheld the original judgment.
Source: Southern Metropolis Daily