An employee received a letter summoning him to a hearing but also states that the dismissal will take effect within 14 days.
The Regional Labor Court accepted the employee's claim and held that the employee was dismissed without a proper hearing and is entitled to compensation. The employee's right to be heard before dismissal is a fundamental right and the employer has an obligation to hold an openhearted and willing hearing for the employee even if it is an employee who has been employed for a short period of time. Here, the employee was employed for a short period of only about four months but was entitled to his right to be heard before being dismissed. However, the employee was not given proper prior notice of the hearing with stipulating the grounds for dismissal and details of his rights, but instead the employee received a letter headed "Dismissal Notice" stating that he was invited to the hearing but also stated that the dismissal will take effect within 14 days. As the decision on his dismissal has already been made and the employee has not been given the opportunity to present his stance properly, the employee is entitled to compensation.