A Karaganda court has reinstated a former chief accountant of a polyclinic after her dismissal, ruling that the disciplinary sanctions used as grounds for terminating her employment contract had been imposed in violation of the law, the website infohub.kz reports.
According to the official Telegram channel of the Karaganda Region courts, Court No. 2 of the Kazybekbi district of Karaganda heard a civil case brought by the former chief accountant against the polyclinic. The plaintiff sought to have the orders imposing disciplinary sanctions and terminating her employment contract declared unlawful, to be reinstated in her job, and to recover wages for the period of forced absence and compensation for moral damages.
The court proceedings established that the employer's order had terminated the employment contract with the plaintiff under Subparagraph 16 of Paragraph 1 of Article 52 of the Labor Code of the Republic of Kazakhstan — for repeated failure to perform or improper performance of job duties without valid reasons in the presence of a disciplinary sanction.
The court found that the disciplinary sanctions the employer cited as grounds for dismissal had been imposed in violation of labor legislation. In particular, when the plaintiff's disciplinary liability was considered, the disciplinary commission's hearing was held without the required quorum, indicating that the established procedure for imposing a disciplinary sanction was not followed.
In addition, the disciplinary sanction was imposed in violation of the deadline set by Article 66 of the Labor Code, under which a disciplinary sanction may be imposed no later than one month from the day the misconduct was discovered.
According to Paragraph 18 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan "On Certain Issues of the Application by Courts of Legislation in Resolving Labor Disputes," when considering claims for reinstatement of a person dismissed on the grounds provided for by Subparagraph 16 of Paragraph 1 of Article 52 of the Labor Code, the court must establish whether the employee had previously committed a disciplinary offense, whether the procedure and deadlines for holding the employee disciplinarily liable were observed, and whether there are signs of repeated failure to perform or improper performance of job duties without valid reasons.
Having found the disciplinary sanctions previously imposed on the plaintiff unlawful, the court concluded that there were no legal grounds for dismissal.
By the court's decision, the orders holding the plaintiff disciplinarily liable and terminating the employment contract were annulled. The plaintiff was reinstated as chief accountant. She was awarded wages for the period of forced absence, compensation for moral damages and court costs. The court's decision has entered into legal force.