The new employee was fired on probation two days later due to the active use of the smartphone, which interfered with the performance of work duties. The last straw in the employer's patience was a selfie on a forklift. As a result, the company is obliged to pay the unfortunate employee $ 3,800.
From a legal point of view, the fault of the employer was the incorrect execution of the dismissal. Failure to comply with the established procedures was the main reason for the loss in court.
The outcome of the case was decided by the court
Wei Hu was hired on probation in August 2018 at Biform Ltd.
The immediate boss was not thrilled that the employee was constantly distracted by phone messages and photographing. It was decided not to hire such an employee.
However, Mr. Hu had a different point of view. In court, he announced the wrongful dismissal, although the company claimed that he did not hire him at all.
The state structure - the Office for Labor Relations - resolved the issue in favor of the employee. Technically, the specialist was hired by Biform. The fact is that the company did not prepare a document on the approval of the probationary period in writing, as required by the law "On labor relations".
The absence of one document has led to the formal recognition of a selfie lover as an official employee, and this implies the existence of certain procedures for dismissal. In particular, an employee cannot be fired without good reason, or he will have to pay him benefits.
Be extremely attentive to employees
Biform is a small company that imports and distributes recycled plastic and wood waste composite flooring. Since the product is heavy, the company conducts tests of the physical capabilities of the candidates to ensure that employees can cope with the difficult work.
Biform offers contract-based piece-rate pay and additional employment during the high season of increased demand for products. Also, the company always pays potential employees for a trial period, but few are invited to permanent work.
According to the already famous Mr. Hu, the managing director praised him for his work and invited him to work the next day. However, when the employee started talking about the employment contract and clarified the payment parameters, the company management did not answer and immediately dismissed the employee, who asked unnecessary, in their opinion, questions.
The employer's argument in this dispute is that Mr. Hu is not suitable for work. In particular, the applicant had little experience in driving a truck, was constantly distracted by the phone and even managed to take a selfie, which grossly violates safety requirements. At the same time, the employees were ready to pay for the shift made according to the previously agreed standards.
Without paper you are nobody
The practice of the Biform company does not imply the conclusion of an employment agreement without working out a trial period. This fact greatly offended Hu. Fuel to the fire was added by the fact that for the time worked, he received the payment not immediately, but after two weeks due to an error in the calculations.
As a result, the court decided to pay the employee $ 817 in compensation for the delay in payment and $ 3,000 for the company incorrectly filling out the documents upon dismissal.
So, before hiring or firing employees, consult with a lawyer once again.