Jaak Siim achieved positive court judgment in employment dispute
Partner Jaak Siim successfully represented a former employee of the Employment Inspectorate in a dispute concerning the legal basis of employment termination. In the opinion of the employee, during the dismissal from service the legal requirements were not followed and therefore the dismissal was illegal. The former employee applied for a compensation of 4 months salary from the Administrative Court considering the circumstances for termination of employment and the interests of both parties.
The Administrative Court failed to agree with the standpoints of the claimant and refused to satisfy the complaint. The Appellation Court satisfied the appeal with their 15.11.2018 decision to a significant extent, established the illegal performance of the Employment Inspectorate and ordered the payment of compensation equal to 3 months average salary of the former employee. The Employment Inspectorate was also subject to cover the procedural costs of the claimant.
The Estonian Supreme Court refused to take the cassation of the Employment Inspectorate into proceeding and the Appellation Court decision has entered into force.