Notices

Justified and Unfair Dismissal ? Legal Standards and Practical Responses ? While preparing the third revised edition of the Dismissal Manual, I wrote an introductory article.

Employers say they must dismiss problematic employees to protect their organizations, while employees complain of losing their livelihoods without explanation. Dismissal is both an exercise of managerial authority and a measure directly affecting employees’ livelihoods. Cases filed with the Labor Relations Commissions increased by more than 10% annually: 21,691 in 2023, 24,265 in 2024, and 26,806 in 2025. Although these include unfair labor practices, discrimination correction, and labor dispute mediation, more than 80% concern dismissal. Article 23(1) of the Labor Standards Act prohibits dismissal without justifiable cause. An employee who considers a dismissal unfair may apply to the competent Regional Labor Relations Commission for relief within three months of dismissal (Article 28). Under Article 51 of the Rules of the Labor Relations Commission, hearings should generally be held within 60 days of filing, subject to extensions for postponement requests or lengthy investigations. Service of the written decision can take another 30 days after the hearing. A dissatisfied party may appeal to the National Labor Relations Commission within 10 days of receiving the decision. This process is relatively prompt and accessible compared with court litigation. Labor specialists decide cases through hearings and deliberations, and enforcement penalties promote compliance with remedial orders. The justification for dismissal can be summarized in three questions: Why is dismissal necessary? Is it disproportionate to the misconduct? Were the procedures required by law and the Rules of Employment observed? This article examines these standards and actual cases, offering preventive guidance to employers and potential remedies to employees.