Homel Worker Obtained Compensation from the Employer

Anatol Paplauny was dismissed from the enterprise at the pre-retirement age.

On November 23 in the court of Zheleznadarozhny district of Homel the toolmaker Anatol Paplauny who used to work at the OAO Gomelkabel obtained 100 rubles of moral damage from the employer in connection with the illegal termination of the employment contract and dismissal from work at the pre-retirement age. The independent Trade Union of Radio and Electronic Industry (REP) provided him with legal assistance, gomelspring.org writes.

On March 5 OAO Gomelkabel terminated the labor relationship with the worker under paragraph 2, Article 35 of the Labor Code (expiration of the term of the employment contract). With the help of the Union the toolmaker turned to court with lawsuit about the unlawfulness of his dismissal. The court decided to reinstated him in position with payment of forced absence.

According to Anatol Paplauny, the unlawful dismissal entailed a significant moral damage caused by the suffered humiliations, fear for his future and the inability to support his family.

"Dismissal from job two years before retirement humiliated my human and civil dignity, made me feel defenseless against the arbitrariness and permissiveness of the employer I economically depend on, made me question the validity of the principle of legal order and justice. I found myself in conditions of desperation and despair," the worker wrote in his claim.

Representatives of OAO Gomelkabel recognized the claim in part, they asked the court to fine the enterprise 10 rubles. The judge of the court of Zheleznadarozhny district of Homel Halina Charnashei satisfied the declared moral damage of 100 rubles.

The legal labor inspector of the REP Trade Union Leanid Sudalenka, who provides assistance in court, noted that the judicial practice in the same category of labor cases was typical. In cases of illegal dismissal courts do not charge more than one million of non-denominated rubles (today 100 rubles.).

"In our practice there were cases when an employee did not agree with the amount of moral damage collected by the court of first instance and appealed against the decision. The court of cassation considered the size of the damage too high and reduced it by another third," the lawyer shared his practice.