By Chyung Eun-ju, Park Si-soo
A court has ruled in favor of a school employee sacked after taking sick leave via a simple text message to the manager.
Seoul Administrative Court nullified the employee’s removal on Monday, overturning the National Labor Relations Commission’s decision that the employee had taken absence without leave.
The court said that although the text message was not an official way of seeking sick leave, the employee sought the approval in advance and the manager accepted it in a return message.
The dispute dates back to Oct. 12, 2015. Around 7 a.m., the employee, who was in a probation period, sent a message to the manager: “I cannot go to work because I have a cold.” The manager replied at around 8 a.m.: “Okay.”
But the following day, the employee was referred to the school’s disciplinary committee and fired. The employee complained, but the school confirmed his departure, citing his alleged absence and substandard performances.
The employee filed a complaint with the National Labor Relations Commission but it ruled in favor of the school. The employee then appealed.
“The employee evidently sought sick leave and the manager approved it in a return message. Therefore he took the day off under the school’s consent,” the administrative court said. “The company had no grounds to fire the employee.”
The court also nullified the employee’s dismissal for alleged poor performance during the three-month probation period.
The court said the dismissal took place shortly after the period ended.