By Lee Jin-a



A foreign worker fired for taking a leave without notice can return to work, after a court ruled in his favor on Sunday.



Seoul Administrative Court ruled that it is unfair to dismiss a foreign employee for his "poor work conduct" and "unexcused absence" without going through legal procedures.



According to the court, an Uzbek laborer who began work for a ship parts manufacturer in North Jeolla Province in September, 2014, was fired for having a poor attitude to work and for an unexcused absence on June 30, 2015.



Claiming that the man did not come to work for 15 days without notice, the company filed a report to the labor office and submitted a form to terminate his contract.



The Uzbek man asked the National Labor Relations Commission to nullify the company's unilateral dismissal.



"I took a rest at the company-owned dormitory because the employer told me not to come to the office until June 30," he said.



When the commission rejected his application, the worker filed a suit against the commission.



The administrative court then ruled in his favor.



The court said that even though a Korean staff member phoned the plaintiff before the dismissal to ask him to return, the company should have made more efforts to communicate clearly with the worker by asking other Uzbek employees to translate what the company was saying.



The court also said: "The company did not send to the worker any document that states the date and reason for the dismissal.



"Therefore, without considering the fairness of the dismissal reasons, we judge that the dismissal is unfair because it violated the Labor Standards Act."



Under Article 27, an employer must notify a worker in writing of the reasons for the dismissal and when the offence happened, and when he or she (the employer) intends to dismiss the worker.



A dismissal is not effective when the employer does not follow this rule.



