In Karaganda, an employee is reinstated in the same place of work

District Court №2 of Oktyabrsky district of Karaganda considered the civil case on M. legal claim to the JSC "Suburban transportation" for reinstatement, payment for the period of forced absence and compensation for moral damages.

The plaintiff, working as the head of the train, was dismissed by the employer in accordance with subparagraph 16 of paragraph 1 of Article 52 of the Labor Code of the Republic of Kazakhstan for repeated non-performance or improper performance of repeated without good reasons of work duties by the employee having disciplinary action. So, the reason of dismissal was the results of audits of a passenger train in which was revealed the passage of 22 passengers without travel documents.

Due to the violation of duty regulation, expressed in violation of the Rules of transportation of passengers, baggage and cargo by rail, taking into account a previously imposed disciplinary penalty in the form of a reprimand, the employer decided to terminate the employment contract with the plaintiff.

At the hearing, it was found that the bringing the complainant to the disciplinary action in the form of a reprimand is made in violation of the legislation.

Symptom recurrence of non-performance or improper execution by the employee without good reason of duty regulation is excluded by the court, the plaintiff recovered in the same place of work. In his favor is also charged wages during his forced absence, compensated the moral and court expenses.

The court's decision has not come into legal force.