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Unfair Discipline Is Not Something You Have to Endure

The moment an employee is notified of disciplinary action, many experience shock and fear at the same time.
 

Measures such as dismissal, suspension, salary reduction, or reprimand go far beyond ordinary personnel disadvantages and directly affect an employee’s livelihood and long-term career.
 

As wages decrease or periods of exclusion from work grow longer, daily life can quickly become unstable.
 

Despite this, many employees resign themselves to the situation, thinking, “It’s the company’s decision, so there’s nothing I can do.”
 

This perception, however, is a clear misconception.
 

Unfair disciplinary action is not an area left entirely to the employer’s discretion—it is a matter that can be fully contested under the law.
 

In practice, many disciplinary actions are imposed without sufficient justification or in violation of required procedures.
 

For employees who lie awake at night with a sense of injustice and anxiety, it is crucial to recognize that this is not a matter of personal misfortune to be endured alone, but a legal issue where the law can and should intervene.
 

At the same time, this is not an issue that should be taken lightly. Missing the right time to respond can lead to consequences that are difficult to reverse.
 

When and What You Can Challenge Through an Unfair Discipline Remedy Application

An application for relief from unfair disciplinary action is not limited to dismissal cases.
 

Under the Labor Standards Act, dismissal, leave of absence, suspension, transfer, salary reduction, and other forms of disciplinary punishment are all subject to remedy applications.
 

A reprimand may not qualify if it causes only minimal practical disadvantage. However, if it results in concrete disadvantages such as restrictions on promotion or pay raises, it may still be challenged.
 

The key issue is whether the disciplinary action satisfies the standards of justification required by the Labor Standards Act and relevant court precedents.
 

One of the most critical factors is the filing deadline.
 

An application for relief must be submitted within three months from the date the disciplinary action was imposed.
 

However, if the disciplinary decision is modified through an internal company review or appeal process, the filing period may begin from the date the revised decision is notified.
 

If this deadline is missed, the action cannot be challenged procedurally, no matter how unfair it may be.
 

During the hearing and investigation process, the Labor Relations Commission focuses on three main points:
 

• Whether the grounds for discipline are supported by objective facts

• Whether the severity of the disciplinary measure is excessive in light of the established grounds

• Whether procedural fairness—such as providing an opportunity to be heard—was properly observed

If even one of these elements is lacking, there is a strong basis for finding the discipline unfair.
 

What Employees Most Often Miss When Responding Alone

When employees handle these cases on their own, the most common mistake is an emotion-driven approach.
 

Statements that emphasize a sense of injustice may elicit sympathy, but they often work against the employee in legal evaluations.
 

Mistakes are also frequently made during the preparation of written statements or submission of evidence, such as using unnecessary expressions or submitting documents without clearly organized facts.
 

These errors can allow the employer’s arguments to dominate the narrative logically.
 

If the response strategy is set incorrectly at the initial stage, it becomes extremely difficult to correct later during hearings.
 

Moreover, Labor Relations Commission proceedings move faster than many expect, and once submissions are made, they remain on record.
 

Overlooking this reality can have a decisive impact on the outcome.
 

Why Legal Counsel Is Important in Unfair Discipline Cases

There is a substantial difference between merely listing facts and structuring those facts into legally relevant issues.
 

Legal counsel begins by reorganizing the case to align with legal standards of review and clearly separating irrelevant arguments from core issues.
 

Strategic argumentation tailored to Labor Relations Commission procedures often determines the result.
 

Rather than simply appealing to a sense of unfairness, it is necessary to set realistic objectives—such as reinstatement, cancellation of disciplinary action, or recognition of back pay—and design arguments accordingly.
 

Decent Law Firm provides comprehensive support in unfair discipline remedy cases, from initial consultation and fact organization to argument structuring and hearing representation.
 

Given the significant impact that early strategic decisions have on the final outcome, the importance of initial consultation cannot be overstated.
 

An application for relief from unfair disciplinary action is not merely a procedural matter—it is a legal response to protect an employee’s career and livelihood.
 

Because outcomes can vary drastically depending on how quickly and accurately action is taken once the issue is recognized, we strongly recommend seeking at least preliminary legal advice before it is too late.