Layoffs Ruled Lawful

30.05.2016, Marina V. Abramova, Kristina V. Timoshenko
Good-faith redundancy arrangements and offering of vacant positions to employees are the most problematic points for the employer in examination by courts of employees’ wrongful redundancy claims.

In the case at hand (where employees filed individual claims for reinstatement, which claims were thereafter consolidated) employer’s compliance with the redundancy formalities did not cause any doubts of the court. The employer submitted all requested documents. The primary employer’s task was to prove that all available vacancies, for which employees had appropriate qualification, had been offered to them. What made the situation still more complicated was continuous reappointment of employees within the employer’s staff consisting of more than 5 000 people and opening of new vacancies.

The employer, one of largest banks, was represented by AGP attorneys Marina Abramova and Kristina Timoshenko. The court agreed with attorneys’ arguments regarding the evidence that had been submitted by them and attached to the case file and with their explanations. The employees’ claims were dismissed in full.

Labor Law