‘How should I deal with an employee who is uncomfortable with everything?’ [이태은 변호사의 노동 INSIGHT]

Tae-eun Lee, attorney at Yulchon Law Firm

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Recently, there have been many cases where co-workers have been brought into the company or to investigative agencies, claiming that they have suffered mental or physical damage due to sexual harassment or harassment in the workplace. Employees’ raising issues has contributed significantly to resolving the workplace injustice that was prevalent in our society. On the other hand, because the company has an obligation to investigate reported matters, the rapidly increasing number of reports complains of difficulties such as increased investigation costs and restrictions on exercising personnel rights. As an employer, we will faithfully investigate the problem raised by the reporting employee in order to minimize damage, but if the employee continues to raise problems even though the investigation has not confirmed damage to the reporting employee, various questions may arise as to how best to respond.

According to the court ruling, if an employee raises a problem indiscriminately, it is considered an abuse of rights and the employee who raised the problem can be subject to disciplinary action. Specifically, the court ruled that the employee who raised the issue had abused the complaint and undermined the unity of the organization on the grounds that there were doubts about the sincerity of the employee who raised the issue, such as failing to comply with the request for attendance by an investigative agency regarding the complaint, and that this was grounds for disciplinary action. In addition, among the recent rulings by the Labor Relations Commission, 51 cases of complaints, complaints, and accusations were filed with the Labor Office and the police station, and it was deemed that these were grounds for disciplinary action as they interfered with the company’s normal business through indiscriminate relief measures.

However, great caution is required when taking disciplinary action against the actual reporter’s reckless accusation. In particular, disciplinary measures against employees who report workplace harassment need to be taken with particular caution, as unfavorable treatment of the reporting employee may lead to criminal liability issues.

In this regard, even if it is suspected that the reporting employee is recklessly taking legal action that constitutes abuse of rights, it is desirable to take the time to calmly proceed with the actual disciplinary action. It is not easy to prove whether the reporting employee abused his or her rights, so careful fact-checking is necessary more than anything else. It is advisable to first abandon predictions and first conduct an investigation into the matter reported by the reporting employee before making a conclusion. In particular, in the case of reports related to workplace harassment and sexual harassment, there is a legal obligation to investigate, so it is safe to conduct an investigation even if the report is vague or repetitive. However, the depth or extent of the investigation can be reasonably adjusted by considering whether there have been similar reports in the past.

Meanwhile, it is safe to postpone disciplinary action against the reporting employee while the investigation is ongoing. After an in-house investigation or a complaint or accusation by a reporter has been cleared by the police or the Labor Office, it is advisable to take disciplinary action in consideration of all circumstances. Regarding the level of disciplinary action, disciplinary action against an employee who reports carries legal risks and is likely to lead to disputes, so it is advisable to safely determine the level of disciplinary action taking these factors into consideration. Even after that, if the reporting employee continues to make the same claims or lacks evidence, consideration may be given to increasing the level of disciplinary action. From the company’s perspective, employees who repeatedly raise issues can disrupt the workplace atmosphere and require a large number of investigative personnel, which can be very difficult. However, by taking step-by-step measures as above, reasonable personnel management principles can be established while related legal disputes can be reduced. there is.