17
/06
The lawyers of Law Company Colares (ЮК «Коларес») helped calling off an unlawfully imposed disciplinary action
Client, a Deputy Director General on economics and finances of one of the leading governmental enterprises of Ukraine in the sphere of infrastructure, applied to Law Company Colares (ЮК «Коларес») for the help on cancellation of a disciplinary penalty in form of an admonition which was applied to him supposedly for his violation of the position instruction requirements, in particular, for the fact that he didn’t provide a proper functioning of the enterprise financial resources movements, as a result of what some part of the enterprise which was on accounts in one of the private banks occurred practically inaccessible for using, in consequence of introduction of a temporary administration in the bank. Client was given help in preparation of an actionable statement about recognition of the disciplinary penalty to be unlawful and cancellation of the order about its application, as well as he was given help in performing legal support in the courts of the first and appeals instance (the case wasn’t judged in the causational instance). In considering the case in the courts, the lawyer of Law Company Colares (ЮК «Коларес») proved that there was no illegitime culpable Client’s nonperformance (inappropriate performance) of his position obligations, whereas, the obligations of Client, as an employee of the enterprise, didn’t comprise anticipation of the banks’ financial situation, and the related future recognition of the bank with the enterprise funds to be bankrupt. Client, as Deputy Director General on economics and finances of the enterprise, could not and had not to know or foresee such circumstances. Consequently, the indicated circumstance did not depend on his trustworthiness of performing his position obligations. Furthermore, the lawyer of Law Company Colares (ЮК «Коларес») brought to notice a violation from the side of the enterprise-employer in the order of application the measures of a disciplinary penalty procedure to Client, in particular, at imposing of a disciplinary penalty by the manager of the enterprise, in disregard for the requirements of Article 149 of the Labor Code of Ukraine, no written pleadings were requested from the employee who was brought to the disciplinary penalty. The court took into account the reasons ascribed by our lawyer, satisfied Client’s actional requirements completely, recognized unlawful and cancelled the order about application to Client of Law Company Colares (ЮК «Коларес») a disciplinary penalty in form of an admonition, as well as acted to collect from the enterprise-employer the incurred judicial expenses for Client’s benefit. The court judgement came into legal force. Consequently, for defence of the own violated labour rights, it is reasonable right away to seek assistance from the specialists who can always consult you on any judicial questions, as well as can protect your interests in the judicial instances.