Ms. Guo (the "Employee") signed an employment contract
with am HR agency and was dispatched to work at a top university
(the "University") as the director of an MBA program.
Within the probationary period, the University notified the
employee that she had failed to meet the recruitment conditions,
based on which her employment was terminated. The employee did not
accept the termination. She filed for labour arbitration and
initiated court proceedings against the University claiming
reinstatement. The University submitted negative comments on her
work collected from the employee's supervisors, business
partners, co-workers, subordinates and relevant students, as the
key evidence.
The Shanghai No. 2 Intermediate People's Court heard the
dispute and eventually ruled in favor of the University based on:
(1) the employee's supervisors, business partners, co-workers,
subordinates and students had the closest contact with her work and
their comments should be objective; (2)
