Belarus to receive compensation for unlawful termination of employment
In a significant ruling, a court in Gomel, Belarus, has concluded a case involving the illegal dismissal of a woman from a managerial position in a state organization related to physical culture and sports. The plaintiff, who had been working in the position since April 2020, with her contract extended until March 31, 2025, was dismissed without being offered an equivalent position during the institution's reorganization.
During the reorganization, the employer should have offered the plaintiff an equivalent, not a lower, position. However, this did not occur, and as a result, she was dismissed with a two-week salary severance. The plaintiff, feeling her rights had been violated, turned to a trade union and the labor inspectorate, and later filed a lawsuit.
Dismissing an employee without offering an equivalent position during an institution's reorganization generally entails significant legal risks. Such actions may lead to claims of wrongful termination, failure to comply with labor laws, and potential discrimination or unfair treatment lawsuits.
Employers are expected to handle employment relationships legally, offering unpaid leave, part-time options, or termination only when continuing employment is impossible, while complying fully with labor regulations to avoid claims. In this case, the employer's appeal was rejected, and the court's decision has come into force.
The court ruled that the employer acted illegally and ordered them to pay the plaintiff a compensation of ten average monthly salaries, nearly Br32,400. The plaintiff accepted the verdict, but she insisted that her dismissal should have been recorded as a staff reduction, not a refusal to transfer. Despite this, her employment record was not required to be corrected, as she was not reinstated in her previous position.
This case serves as a reminder of the importance of complying with local labor laws during reorganizations and the potential consequences of failing to do so. Proper compliance with labor laws and clear communication are essential to minimize legal consequences. Employers must also conduct layoffs with proper communication, transparency, and attention to anti-discrimination laws to avoid claims of disparate treatment. Offering severance pay, even when not legally required, can help mitigate risks and preserve employer reputation.
