Reinstatement of an employee in an organization who wrote a letter of dismissal during a period of mental disorder

Legal Digest News
The First Court of Cassation of General Jurisdiction decided to reinstate an employee who wrote a letter of dismissal during a period of mental disorder.

According to the court Ruling dated August 1, 2023 in case No. 88-24959/2023, an employee wrote a letter of dismissal on his own initiative. On the day of his dismissal, a settlement was made with him and all the necessary personnel documents were sent by mail.

It was found that before the period of employment, the employee was treated in a psychiatric hospital, and after dismissal, he again turned to the district psychiatrist, where he was diagnosed and given a certificate of treatment.

According to the opinion of the forensic psychiatric examination, the employee showed signs of a mental disorder. During the dismissal period, the mental state of the employee deteriorated, which is why he did not understand the significance of his actions and could not direct them.

The court concluded that the employee had no voluntary will to terminate the employment contract owing to the peculiarities of his personality, and the dismissal order and the fact of dismissal itself were recognized as illegal.

On the basis of which the court sided with the employee and accepted the following in relation to the company:

  • to collect salary during the period of forced absenteeism of an employee in the amount of 208,530 rubles;
  • to pay moral compensation in the amount of 20,000 rubles;
  • to reinstate the employee in the position.

In the matters of the application of the Employment Legislation, please contact Acsour specialists. Our experts will help in resolving labour disputes and formalize labour relationships with employees with minimal risks for you.