REMOTE WORK OR A FICTION OF EMPLOYMENT RELATIONS? CRITERIA FOR EVALUATING THE ACTIONS OF THE MANAGER WHILE MAINTAINING STAFF

The creditor appealed to the court against the actions of the manager, pointing out the failure of the manager to control the facts of violation of labor discipline of the debtor's employee (case no. A56-9086/19).

The courts of two instances refused to satisfy the application, without establishing the facts indicating the existence of the stipulated grounds for termination of the employment contract at the initiative of the employer.

The cassation sent the dispute for reconsideration, noting that the decision of the appellate instance lacked the results of an assessment of the circumstances indicated by the creditor, as well as the motives for which he did not accept (rejected) the applicant's arguments about the lack of need to involve an employee in the work, the lack of evidence of the actual performance of the work, and the unreasonableness of the amount of remuneration faces.

Clarifications of the stated claims were accepted by the court of appeal, the administrator, in turn, submitted written explanations on the clarified creditor's claims to the case. However, the court of appeal did not consider the claim that was actually stated (subject to clarification).

 

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