A court in Aktau has reinstated a security guard who was fired allegedly for being absent from his post and using a mobile phone while on duty, the website infohub.kz reports.

According to the official Telegram channel of the courts of the Mangistau Region, Aktau Court No. 2 heard a labor dispute brought by the former guard against a limited liability partnership (LLP), seeking to have the order terminating his employment contract declared unlawful, to be reinstated, and to recover the payments due to him.

The court established that the man had worked as a security guard at the LLP since 2016. By an employer's order dated February 20, 2026, he was dismissed for repeated failure to perform his work duties without valid reasons.

The dismissal was based on the employer's claims that the guard was absent from his post and used a mobile phone while on duty.

After reviewing the case materials, CCTV footage and the arguments of both parties, the court concluded that the dismissal was unlawful.

In particular, the employer failed to provide objective and reliable evidence that the guard had left his post without authorization or left the guarded facility unattended.

The court also took weather conditions into account: on January 28, 2026, because of the severe frost, the guard's presence inside the building to warm up and his monitoring of the grounds via video cameras were deemed a justified necessity.

The court further noted that the employer had not provided proper conditions for warming the employee, who was on duty at an open post. Accordingly, the requirement that he remain outdoors at all times was found to be unjustified in light of the principles of fairness and reasonableness.

Following its review, the court upheld the employee's claims, declared the employer's order terminating the employment contract unlawful and revoked it. The man has been reinstated as a security guard, and he has been awarded 2,052,997 tenge in wages for the period of forced absence and 50,000 tenge in moral damages, as well as court costs.

The court's ruling has entered into legal force.