1.Important Judgement and Ruling
Determination of damages from unfair dismissal
Judgment The Appeal for Specialized Court Judgment No. 202/2564
How much damages will be determined for unfair dismissal? The Labor Court must exercise its discretion by calculating from Age of the employee in period of termination, Employee’s working period, Reason for termination and severance pay that employees are entitled to receive according to the Labor Court Establishment Act, Section 49.
The working period will count only the working period with the employer who terminated the employment. The court cannot take the working period with other employers into consideration.
Termination of employees whose sales do not meet the target. Is it an unfair dismissal?
The Appeal Court for Specialized Cases Judgment No. 1873/2565
The plaintiff’s real estate sales did not reach the target. This is due to measures to control residential lending of the financial institution according to the announcement of the Bank of Thailand issued during that period. Which affects the selling of real estate belonging to the defendant and other real estate business operators in general. Because most customers must be related to requesting a loan from a financial institution in purchasing housing, the reason sales did not reach the target was therefore not from the plaintiff’s absence, Inefficiency in work or failure to work many times as claimed by the defendant. The dismissal of the plaintiff because of dissatisfaction with the plaintiff’s performance, regardless of external factors that occurred beyond the employee’s control. Court of Appeal for Specialized Cases After considering that it is an unfair dismissal.
When a human resources officer (HR) sues an employee who forged educational documents to apply for a job Criminal Court Judgment No. 316/2565
The defendant brought a paper in type and size that’s similar to “Record showing academic results of the basic education curriculum at the high school level” by specifying numbers and a statement that he or she has graduated from high school and sign the names of the registrar and the school director to certify documents. Therefore, it is considered that the defendant forged the entire document, which is an official document, with the intention of causing those who saw the document to believe that It’s a real document. The defendant’s actions are therefore an offense under Sections 264 and 265 of the Criminal Code.
Later, the defendant brought the entire forged document to show Human Resources (HR) officer to apply for a job. Therefore, it is the use of false documents, the defendant did not actually study and graduate from the mentioned school. The defendant’s actions are therefore an offense under Section 268 of the Criminal Code.