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Claim to void Ax Decision was turned down Employer won the Arbitration to Fired the Unwanted Employee Off

作者: 李忻律师Simon Lee Esq. 流覽量: 1703
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Recently, an employee (Mr. F) of a France-based company (D-F Company) received the award that his claim to void and nullify the Ax Decision of his Employer D-F company was turned down.

Recently, an employee (Mr. F) of a France-based company (D-F Company) received the award that his claim to void and nullify the Ax Decision of his Employer D-F company was turned down. Due to his mediocre performance, D-F Company decided to lay him off with proper compensation and gave him three months grace period to find a  job. The employee agreed to such a decent arrangement. Nevertheless, when the grace period expired, he did not resign and leave. D-F Company had no alternative but axed him. Then he filed a claim to Xiamen Employment Dispute Arbitration Commission to void and nullify the Ax Decision of D-F Company and offered further service to D-F Company till his retirement. D-F Company retained Linda D. May and Simon Lee for this arbitration. The labor law does have relevant provision in favor of Mr. F’s claim even some case decison supports Mr. F's claim. But, Linda and Simon successfully challenged and rebutted Mr. F’s argument. The commission found that there is no possibility, either physically or mentally or whatever, to execute the employment contract. D-F Company leaves no more chance and maintains no more need for Mr. F’s service(11-7,2009).