Grassroots lawyers also have spring

Chapter 709 How Do I Know!

The next morning, Wang Chuan went to the Haidian Court. By chance, he ran into the female legal officer of the construction company he had met before at the security check passage at the gate of the court.

Seeing the young male lawyer whom he had met before, Wang Chuan thought to himself: The two of them should appear in court again in this case.

At this time, the young male lawyer also saw Wang Chuan: "Lawyer Wang, what a coincidence!"

"It's quite a coincidence." Wang Chuan said with a smile.

"We came to the court for the same case!" the female legal commissioner asked suddenly.

She and Wang Chuan had faced each other three times in court before. After Ding Dezhi's case was finished, she searched Wang Chuan and Yuanfang Law Firm on the Internet. , and there is no deep hatred, there is no need to meet like an enemy.

"Guess!" Wang Chuan made a fool of himself and walked into the court.

When the legal commissioner and the young male lawyer walked into the court, they took a special look at the plaintiff's seat, feeling helpless, it was him again.

Wang Chuan looked at them with a smile and nodded.

Wang Chuan thought that the judge who tried this case was the same fat-headed and big-eared male judge from before, but he did not expect that it was a young female judge with a ponytail who walked in this time.The clerk is a little girl wearing glasses, very bookish, probably new here.

"Plaintiff, tell me your claims, facts and reasons." The female judge slammed the gavel.

"Procedures: 5000. The judgment confirms that the defendant pays the plaintiff [-] yuan in compensation for the illegal termination of the labor contract; [-]. The litigation costs of this case shall be borne by the defendant.

Facts and reasons: The plaintiff joined the defendant on December [-], [-], and the two parties signed a five-year labor contract.

In December [-], the plaintiff violated the operation manual during the operation of the crane and caused a scratching accident. The defendant punished him that month and issued a notice of criticism within the company.

On February [-], [-], the defendant served the "Notice of Dissolution of Labor Relations" to the plaintiff, citing the plaintiff's violation of rules and regulations as the reason to terminate the labor relationship between the two parties.

The plaintiff believes that the defendant imposed two punishments for the same fault committed by the plaintiff, which shows fairness. The defendant's termination of the labor relationship between the two parties has constituted an illegal termination of the labor relationship. rights and interests. "Wang Chuan said.

"The defendant pleads." The female judge said.

"Defendant disagrees with plaintiff's claim.

In December [-], during the operation of the crane, the plaintiff did not comply with the operating regulations and caused a scratch accident, which caused heavy economic losses to the defendant.

According to the "Employee Handbook", if the plaintiff causes heavy economic losses to the defendant, the defendant has the right to terminate the labor relationship between the two parties.Therefore, the defendant's termination of the labor relationship between the two parties did not involve illegal termination.There is no need to pay compensation, and the court is requested to dismiss the plaintiff's claim in accordance with the law. " said the young male lawyer.

"The plaintiff will present evidence!" said the female judge.

"The first piece of evidence, the labor contract, proves that the term of the labor contract between the plaintiff and the defendant is five years, and the labor contract has not yet expired. In addition, the plaintiff's salary is 5000 yuan per month.

The second piece of evidence, the penalty decision, proves that the defendant punished the plaintiff in December [-] and withheld [-] yuan of performance wages due to the plaintiff’s scratching accident.In addition, the plaintiff's crane certificate was suspended for three months.

The third piece of evidence, the notice of termination of labor relationship, proves that the defendant terminated its labor contract with the plaintiff on February [-], [-]. The reason for the termination was: when the plaintiff was operating a crane in December [-], Violation of operating regulations caused heavy economic losses to the defendant.

The proof is over! "Wang Chuan said.

"The defendant cross-examines evidence!" the female judge said.

"The defendant agrees with the authenticity, legality and relevance of the first piece of evidence, the second piece of evidence, and the third piece of evidence presented by the plaintiff.

However, the above evidence does not prove that the defendant terminated the labor relationship illegally. The defendant dealt with the plaintiff in accordance with the provisions of the "Employee Handbook", and his behavior was legal and compliant. " said the young male lawyer.

The legal officer next to him felt as comfortable as taking a rock candy Shunqi pill. At least from the current point of view, she felt that her side had the upper hand and the other side had no chance of winning.

"The defendant presents evidence!" the female judge looked down at the evidence submitted by the plaintiff without raising her head.

"The first piece of evidence, the accident confirmation letter signed by the plaintiff, proves that the plaintiff did not operate the crane according to the operation manual in December [-], resulting in a scratching accident, which caused heavy economic losses to the defendant.

The second piece of evidence, the "Employee Handbook", proves that the defendant has the right to terminate the labor relationship between the two parties if the employee causes significant economic losses to the company.

The third piece of evidence is the employee handbook training record signed by the plaintiff, which proves that the plaintiff knows the contents of the employee handbook.Therefore, the defendant's termination of the labor relationship between the two parties was justified and did not involve illegal termination of the labor relationship.

The proof is over! " said the young male lawyer.

"The plaintiff cross-examines evidence!" said the female judge.

"The plaintiff recognized the authenticity, legality and relevance of the first evidence, the second evidence, and the third evidence. However, the plaintiff did not recognize the purpose of the proof, and the defendant punished the employee twice for the same fault. There are flaws in the procedure. It shows fairness.

Cross-examination is complete! "Wang Chuan said.

"Plaintiff and defendant, do you have any objection to the fact that the plaintiff operated the crane in violation of the operating manual and caused the scratching accident?" asked the female judge.

"No objection!" Wang Chuan and the young male lawyer said at the same time.

"Defendant, the plaintiff claims that you have punished the same accident twice. Do you agree with this fact?" asked the female judge.

"Recognized. The first time was in December last year, when the defendant punished the plaintiff after the accident. Later in February [-], the defendant again terminated the labor relationship against the defendant according to the Employee Handbook penalty." The young male lawyer said.

"Defendant, why did you impose two punishments?" The female judge looked at the young male lawyer and the legal commissioner.

Why? !How do I know, the young male lawyer looked confused, obviously he didn't expect the judge to ask such a question.He turned his head to look at the legal commissioner, who didn't know how to answer, because she didn't know why she had to be punished twice, she only knew that it was the meaning of the above.

"The first punishment is because after the accident, the company has to punish the employees to warn the employees; the second punishment is because the company has to conduct an assessment on all employees at the end of each year.

According to the "Employee Handbook", the defendant has caused heavy economic losses to the company, and the company has the right to terminate the labor relationship. "The legal commissioner thought for a long time, and finally said.

(End of this chapter)