Representing a Russian brand of youth clothing and footwear in a dispute with an employee dismissed due to failure to complete the probationary period

The employer contacted KIAP with a request to terminate the employment contract with the middle manager based on the results of the probationary period.

Due to the fact that the company did not have clear criteria to make an unambiguous conclusion whether the employee had passed the probationary period or not, KIAP lawyers were faced with the task of providing various types of evidence, including certified emails, to carry out the dismissal procedure in strict accordance with the labour regulations to minimize the risks of reinstatement of an employee at work through the courts.

Based on the results of the work done by KIAP specialists, the employee was dismissed. Employee considering the dismissal illegal applied to the court to protect their rights. However, the courts of two instances rejected the claims.

Participants:

Konstantin Astafiev, Evgeny Metla