Employment Rejection After Four Days of Training Due to 'Lack of Competence'... Court Rules It as Unfair Dismissal

[Financial News] The court has ruled that notifying a worker, who underwent four days of job training, of employment rejection due to lack of competence constitutes unfair dismissal.
According to the legal community on the 9th, the Seoul Administrative Court's Division 1, presided over by Chief Judge Yang Sang-yoon, ruled against A in a lawsuit filed against the chairperson of the National Labor Relations Commission to overturn a retrial decision regarding unfair dismissal relief, on September 5.
A hired Mr. B to work at a branch in Ulsan on October 23, 2023, and provided job training until October 30. However, on October 31, the company verbally informed Mr. B by phone of its decision to refuse to sign an employment contract.
Mr. B then filed for unfair dismissal relief with the Ulsan Regional Labor Relations Commission, which ruled in his favor. A requested a retrial with the National Labor Relations Commission, but the commission dismissed the appeal, citing a lack of reasonable grounds for the rejection and procedural flaws.
A filed an administrative lawsuit, arguing that the branch where Mr. B worked employed fewer than five people and was therefore not subject to the Labor Standards Act. The company also claimed that Mr. B had not signed a formal contract and had only received pre-employment training.
However, the court did not accept A's arguments. The court determined that the branch where Mr. B worked was operated by the same legal entity as the headquarters, and both branches had the same representative, so the branch could not be considered a workplace with fewer than five employees.
The court further found that an implicit probationary employment contract had been established between A and Mr. B. Probation, in this context, refers to a period of trial employment to assess job suitability before a formal contract is signed.
Additionally, the court pointed out that notifying Mr. B of employment rejection after only four days, despite a scheduled two-week training period, was contrary to the trust of the employee. The court stated, "Considering that the total working period was only 16 hours over four days, there was ample opportunity for improvement. It is difficult to accept the plaintiff's claim that the dismissal was justified for the reasons given."

kyu0705@fnnews.com Kim Dong-gyu Reporter