A high-profile court case in Kazakhstan has concluded, clearly demonstrating to employers the importance of strict adherence to the Labor Code and internal collective agreements. The Civil Cassation Court sided with a resident of the country who was illegally laid off despite the union's consent and her long service. This was reported by Qazaqyia.kz citing Kursiv Media.
The woman, who dedicated more than two decades to the enterprise, managed to prove the unlawfulness of management's actions and regain her position.
First instance rejection and turning point
The conflict began after the employee (plaintiff S.) was made redundant. Considering the dismissal illegal, she filed a lawsuit in the court of first instance demanding reinstatement. However, the local court of first instance dismissed the claim, siding with the employer.
The woman did not give up and filed an appeal. The appellate court, after a detailed examination of the case materials, identified gross violations of labor legislation, overturned the initial decision, and fully granted the claim. The employer attempted to appeal this verdict in the cassation court but lost — the higher court recognized the employee's right.
Two key violations that doomed the employer
The judicial panel found that when issuing the dismissal order, the company's management ignored two mandatory legal requirements.
The plaintiff was an active member of an elected trade union body (without release from her main job). Termination of an employment contract with such employees at the initiative of management is only possible after obtaining a reasoned opinion from the trade union. The employer simply skipped this step.
The enterprise had a collective agreement that guaranteed preferential retention of employment for women with more than 20 years of service at the production site. The plaintiff had worked at this facility for over 23 years, yet management completely ignored this key social guarantee.
The cassation court agreed with the appellate court's conclusions, upholding the decision to reinstate the woman in her former position and pay her compensation.