THE SUPREME COURT CONSIDERED A CASE OVER THE BIRTHDAY UNEXCUSED ABSENCE

The Judicial Collegium for the Civil Cases of the Supreme Court of the Russian Federation considered the case on the complaint of a former employee of a pharmaceutical company who was fired after an early leave on her birthday.

At the same time, the woman referred to the fact that such situations had already occurred in the company, and she informed her immediate superiors about her plans.

The court of first instance took the side of the plaintiff and reinstated the woman in a job. However, the judges took the position of the employer upon a subsequent appeal, denying the demands of the former employee.

The “servants of Themis” were confused, in particular, by the absence of an item stipulated in the internal labor regulations on the possibility of an employee’s early leave on his or her birthday.

The fact that the management was aware of this did not receive any legal assessment at all. Thus, the Supreme Court considered that the case was considered incomplete by the lower courts and sent the dispute for the further consideration.

Now the judge of the first instance has to work on the indicated errors and make a new decision on the case.