Winning an Unfair Dismissal Case: What You Need to Know About Remedies and Strategic Response
Criteria and Legal Framework for Unfair Dismissal
Under Article 23 of the Labor Standards Act, an employer may not dismiss an employee without just cause.
Accordingly, whether a dismissal is lawful is generally assessed based on three key factors.
1) Justifiability of the Grounds for Dismissal
A minor mistake or a relatively light disciplinary issue is generally not sufficient to justify termination of employment.
2) Legality of the Procedure
If the employer failed to follow the disciplinary procedures set out in the rules of employment or collective agreement, or failed to provide the employee with a sufficient opportunity to explain or defend themselves, the dismissal may be deemed procedurally defective.
3) Proportionality of the Dismissal
If other employees received only warnings for the same or similar conduct, while only one specific employee was dismissed, the dismissal may be considered excessive.
In such cases, the nature and seriousness of the misconduct, the purpose of disciplinary action, and the standards for determining disciplinary measures are assessed comprehensively. If the disciplinary measure is found to be objectively and clearly unreasonable, it may be deemed a violation of the principle of equality.
These factors are assessed as a whole. If the dismissal fails to meet these standards, there is a high possibility that the Labor Relations Commission may issue a remedy order, or that a court may render a judgment invalidating the dismissal.
Key Evidence Required to Win an Unfair Dismissal Case
In an unfair dismissal case, the most important element is evidence.
If you begin searching for documents only after receiving notice of dismissal, it may already be difficult to secure key materials.
The following materials may play a critical role:
- Written notice of dismissal or disciplinary notice
- Performance evaluation records and work performance documents
- Company rules of employment and personnel regulations
- Emails and messenger conversation records
- Statements from colleagues or internal company notices
These materials serve as essential evidence to prove that the grounds for dismissal were unjustified.
In actual cases, whether sufficient evidence has been secured often significantly affects whether the dismissal is recognized as unfair and whether remedies are granted.
In particular, if the company claims redundancy dismissal based on “managerial necessity,” objective materials must be secured to refute whether the employer satisfied the separate requirements under Article 24 of the Labor Standards Act, including urgent managerial necessity, efforts to avoid dismissal, reasonable and fair selection of employees subject to dismissal, and sincere consultation with employee representatives.
If the dismissal is based on disciplinary grounds such as “work attitude issues,” evidence is needed to prove that such grounds are unjustified.
Why Legal Representation Matters in Unfair Dismissal Cases
An unfair dismissal case cannot be resolved simply by arguing that the dismissal was unfair.
In Labor Relations Commission proceedings, an application for remedy must be filed within three months from the date of unfair dismissal. The process requires systematic preparation, including drafting the application, responding to the employer’s submissions, submitting evidence, and preparing for the hearing.
In addition, employers usually respond with assistance from certified labor consultants or legal professionals. If an employee proceeds alone, they may be placed at a disadvantage in procedural and strategic aspects.
Professional assistance is especially important in the following areas:
- Organizing the legal issues of the case
- Developing a strategy for collecting and organizing evidence
- Preparing for Labor Relations Commission hearings
- Establishing a strategy for reinstatement and claims for wages equivalent to lost earnings
An unfair dismissal case is not just a simple dispute. It can significantly affect one’s future employment and career.
Therefore, to increase the possibility of obtaining relief for unfair dismissal, a strategic approach from the initial stage is crucial.
If the issue is taken lightly and the timing for response is missed, it may lead to consequences that are difficult to reverse.
A careful approach is essential.
Decent Law Firm’s Strategy for Unfair Dismissal Cases
Because unfair dismissal is directly connected to an individual’s livelihood, it requires a careful approach that goes beyond basic legal response.
Based on our experience in labor cases, Decent Law Firm supports clients in the following ways.
First, we closely review the lawfulness of the grounds and procedures for dismissal at the initial stage and objectively assess the likelihood of success in an unfair dismissal case.
Second, we systematically design an evidence preservation strategy and present persuasive materials during Labor Relations Commission hearings.
Third, we establish a tailored response strategy based on the client’s objectives, including reinstatement, claims for wages equivalent to lost earnings, and potential settlement.
Our goal is to provide practical support to those facing unfair dismissal.
Rather than attempting to resolve the matter alone, working with professionals to develop a strategy can become a decisive turning point in the direction of the case.
If you have received an unfair notice of dismissal, the initial response can determine the outcome.
Accurate analysis and strategic response are essential to increasing the likelihood of success in an unfair dismissal case.
