In what cases can I receive relief for unfair dismissal?

Unfair dismissal refers to a case in which an employer dismisses a worker without the justifiable grounds or procedures required by law.

When a worker is subjected to such an unfair dismissal, the worker can restore their rights through an application for relief from unfair dismissal filed with the Labor Relations Commission.

Typically, where a worker is dismissed even though there is no cause attributable to the worker, or where the disposition of dismissal is excessively severe in relation to the grounds for discipline, there is a high likelihood that it will be judged an unfair dismissal.

In addition, where a dismissal is made on managerial grounds but there is no urgent managerial necessity, or where the employer has not made every effort to avoid the dismissal and has not followed reasonable dismissal criteria and a sincere consultation process, this too may constitute an unfair dismissal.

Beyond this, a dismissal that violates the grounds prohibiting dismissal set out in the Labor Standards Act, the Equal Employment Opportunity Act, the Trade Union and Labor Relations Adjustment Act, and other statutes, a dismissal that does not observe the dismissal procedures under the rules of employment or a collective agreement, or a dismissal carried out during a period in which dismissal is restricted, such as while a worker is receiving treatment for an illness or is on maternity or childcare leave, is likewise subject to relief for unfair dismissal.

A worker who has been unfairly dismissed may file an application for relief from unfair dismissal with the Regional Labor Relations Commission within three months from the date of dismissal, and if the worker objects to the outcome of the decision, the worker may contest it through a reexamination by the National Labor Relations Commission and through administrative litigation.

Separately from this, it is also possible to file a suit for confirmation of the nullity of the dismissal with the court.

Because whether a dismissal is unfair and the method of relief are judged case by case, if you have received a notice of dismissal, it is important to promptly consult an attorney specializing in labor matters and decide on an appropriate course of response.