An employee of Rostelecom sued almost a million for illegal dismissal

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An employee of Rostelecom, dismissed after 14 years of work, went to court and collected 811 thousand rubles from the state operator. This amount is payable for actually unworked 233 working days, which, due to illegal dismissal, the woman was absent from the workplace. In addition, the court decided to reinstate her in office. The plaintiff also demanded 1.5 million rubles. for causing non-pecuniary damage, but the court considered such an amount to be considerably inflated.

Illegal dismissal

As CNews found out, an illegally dismissed employee of Rostelecom sued the state operator for a salary of 811 thousand rubles. for more than six months of absence from work (233 working days). In addition, she was reinstated. Information about this can be found in the card file of the Moscow City Court.

So, in December 2020, Rostelecom, by order of the president of the company, had to reduce 3 thousand of its employees by the end of March 2021, which included the one who applied to the court N.V. Pogonina (The full name is not given in the case file). In court, the plaintiff noted that in fact there was no staff reduction. In addition, the dismissed employee of Rostelecom emphasized that she belongs to the category of citizens of pre-retirement age (3.7 years before retirement) and her brother, a disabled person of group I, was also dependent on her, follows from the court ruling of June 1, 2022.

The case file states that Pogonina repeatedly applied to the Prosecutor General’s Office, but they did not find grounds for taking action. She then went to court to have her dismissal from the company declared illegal.

Representatives of Rostelecom declined to comment on the situation.

More than 14 years in Rostelecom

At the time of her dismissal, Pogonina had worked at Rostelecom for over 14 years. She joined the company in December 2007 as an assistant secretary, from August 2017 until her dismissal (March 2021) she held the position of a leading specialist in the department of infrastructure projects for managing infrastructure projects of the Rostelecom Corporate Center, follows from the documents.

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Employee of Rostelecom won a lawsuit for illegal dismissal on reduction

After the decision to reduce, it was the position of the plaintiff that was “due to operational necessity” excluded from the department. There were two applicants for dismissal. The case file states that during the period of work during the pandemic, the plaintiff had “rather low activity”. Another applicant had a minor daughter, so they decided to leave him.

At the same time, according to the plaintiff, she did not violate the labor schedule and was not brought to disciplinary responsibility.

There are no vacancies, but employees are being hired

In January 2021, at a general meeting, the director of the department announced the termination of the employment contract with the plaintiff due to staff reductions. Dismissal by reduction is allowed if the company cannot transfer the employee to another position that he has, which corresponds to his qualifications. At the same time, the employer is obliged to offer the employee all suitable positions, including less paid ones. “The employer’s failure to fulfill such an obligation in the event of a dispute about the legality of the employee’s dismissal from work on the named basis entails the recognition by the court of the dismissal as illegal,” the ruling says.

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Safety

At the same time, Rostelecom assured Pogonina that there were no vacancies in the company. However, the court found that after serving Pogonina with a notice of dismissal, Rostelecom hired a little more than 50 new employees at the branch where the plaintiff worked, and after her dismissal, another 31. Two employees were hired specifically in the department of N.V. Pogonina.

At the same time, for all the time Pogonina was not offered a single vacant position. Thus, the court found that Rostelecom did not provide the plaintiff with the opportunity to choose vacant positions and recognized her dismissal as illegal.

1.5 million rubles for moral damage – a lot

In February 2022, the court ruled to recover 853.7 thousand rubles from Rostelecom in favor of the plaintiff, as well as 10 thousand rubles. as compensation for non-pecuniary damage and 94.5 thousand rubles. for legal fees. The plaintiff also demanded to recover from the defendant compensation for non-pecuniary damage in the amount of 1.5 million rubles. But the court came to the conclusion that such compensation was overstated and ordered Rostelecom to pay only 10 thousand rubles.

In March, Rostelecom filed an appeal with a demand to change the court decision regarding the recovery of the average salary of the dismissed employee. The court of appeal changed the amount of payment from 853.7 thousand rubles. up to 811 thousand. In the rest of the same, everything remained unchanged.

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In March 2021, according to the case file, N.V. Pogonina was reinstated as a leading infrastructure project management specialist.

Kristina Kholupova



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