Lately, Russian courts have demonstrated unprecedented
creativity in supporting employees. In the latest example of this
trend, the Moscow City Court recently overturned the consistent and
long-held court practice on dismissals for multiple offences (case
No ? 33-25751/2021).
The court reinstated the employee in her job, stating that the
company violated the disciplinary procedure as (i) it did not
present to the employee the results of the internal investigation
and (ii) the timeframe between the first warning and the dismissal
was only 20 days, which did not give the employee enough time to
correct her performance.
The above obligations do not follow from the law or previous
court practice. In the past, companies were free to discipline an
employee for repeated misconduct, even if it occurred the very next
day after the first warning.
