An employee was dismissed shortly after filing a harassment complaint and claimed that the dismissal was linked to the complaint. However, the employer argued that the complaint was made solely to protect against an imminent dismissal following multiple negative evaluations. What did the Labor Court say about this?
What Happened?
The employee had received several negative evaluations and had already been demoted with a salary reduction. In March 2019, a new Performance Improvement Plan (PIP) was imposed, with clear objectives to be met under the threat of dismissal. Fearing dismissal, the employee filed a harassment complaint on June 14, 2019. The employer, informed of this complaint on June 17, proceeded with the dismissal on June 26.
Court Decision
No Protection Compensation: The Labor Court did not grant protection compensation. It ruled that the dismissal was not motivated by the harassment complaint but rather by the employee’s poor performance. According to the court, the complaint was filed solely to delay or prevent dismissal, as the employee had been warned multiple times.
No Compensation for Unreasonable Dismissal: The court also denied the claim of manifestly unreasonable dismissal. It found that the evaluation procedures and improvement plans implemented by the employer were conducted professionally. It was clearly established that the employer had not acted abusively or discriminatorily, and that the dismissal was based on concrete facts rather than the harassment complaint.
Key Takeaways
While dismissing an employee after a harassment complaint remains a risky decision for employers, this ruling shows that it is possible under certain conditions. To justify dismissal, the employer must have a strong case proving that the decision was based on factors independent of the complaint, such as poor performance documented through serious evaluations. This includes demonstrating that the employee had already been warned about potential dismissal before filing the complaint.
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