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Pirkka-Marja Põldvere, a partner at LEADELL Pilv Law Firm, and attorney-at-law Kaili Rätsepp successfully represented a client in a labor dispute
The court ruled in favor of the employer’s right to compensation if an employee has expressed a request to leave employment before 30 calendar days have elapsed.
The dispute arose from a situation where the employee submitted a regular notice of termination to the employer, requesting to terminate the employment relationship earlier than the 30-day notice period prescribed by law, if possible. Although the employer did not agree to such a shorter notice period, the employee stopped coming to work and subsequently took sick leave.
In summary, the court agreed with the employer that the notice of termination and the accompanying letter, taken together, could only lead to the conclusion that the employee’s intention was to terminate the employment contract quickly and that, despite the illness that had befallen the employee, the employee could have informed the employer—even in a single word—via in a letter or by phone that he agreed to comply with the notice period prescribed by law. Since the employee did not do so, the court found that the employee had not complied with the notice period prescribed by law and ruled that the employee must pay compensation to the employer pursuant to § 100(5) of the Employment Contracts Act. The court also ruled that the employee must bear the parties’ litigation costs.
Previously, the Labor Dispute Commission had also ruled in favor of the client, but the employee took the matter to court for review. The court’s decision has not yet taken effect, and the employee has the right to file an appeal against the decision
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