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(en) Poland, Workers Initiative, Amazon lost in court [machine translation]

Date Sun, 3 Dec 2017 08:40:29 +0200

On November 22, 2017, a former Amazon employee was released for a dismissal due to illness. Another reason for dismissal was unjustified absence from work many months ago. Court dismissed the dismissal as unfounded. The verdict is not yet final. ---- After more than a year of bringing the case to the Poznan Labor Court, the court acknowledged the former employee of Amazon Fulfillment Poland Ltd. and ordered her to return to work and pay 4,850 PLN for the period of unemployment. He also charged Amazon with the case. ---- The OZZ Workers' Initiative, a member of which was dismissed, welcomes the decision. For many months we have been stating that the termination of motivated sick leave is a misuse of the Amazon and grossly unfair. The association has been addressing this issue since August 2016 under the slogan "Amazon employs? Amazon releases! "( Link ). We emphasize that working in Amazon is a hard work and the nature of it itself can cause many injuries.

This is another case of absenteeism, which ended in favor of Amazon's released people. In March 2017, another employee - also dismissed due to sick leave - signed a settlement with the company, on the basis of which Amazon paid her 5,500 zl for compensation for unlawful termination of the contract. The employee refused to return to work in the corporation.

There are further cases of people released by Amazon due to L4. The case law of the courts shows that repeated absences at work may be grounds for the termination of the contract, but only if they threaten the employer's essential interests. The employer should also show that, at the time of terminating the contract, he was still at risk of further absences due to health problems of a particular person. This requires an individual approach to the problem of each employee. Amazon, pointing out the reason for termination of the contract, indicates that their percentage of absences is the most common, and, according to the union, does not adequately justify that specific absences forced him to engage in reorganization involving additional costs. Recall that Amazon currently employs around the company ok. 10,000 people and employs a temporary employment agency throughout the year, plus another 10,000 for the pre-holiday period. It is difficult in such a situation to recognize that the absence of a particular stockbroker caused by illness strikes the corporation's interest.

Another problem is that Amazon justifies the termination of an employment contract sometimes for events many months ago and even years that the employee is no longer able to recall, and more to prove otherwise than the employer claims. This was the case with the unjustified absences of the former employee concerned by the case. Employers' behavior raises fear among employees and the belief that "as the company wants it, everyone will find the hook to slow it down." For these reasons, the justification for terminating a contract of employment is indicated by the Supreme Court as abusive.

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