Court of Appeal Special Labor Case No. 841/2562: A foreign employee was called into a room by their employer and supervisor and ordered to write a resignation letter. They were threatened with legal action under Thai law if they refused. The employee did not genuinely consent to resign.

Held:

The court held that the employer's actions constituted a "constructive dismissal" and a violation of the employee's rights. The employer was jointly and severally liable with the assistant director of the housing department for damages for the tort of 100,000 baht and for damages for unfair dismissal of 550,000 baht (10 months' salary).

Key Points:

Forcing an employee to resign against their will may be considered a constructive dismissal.

Employers may be held liable for damages for unfair dismissal.

The amount of damages awarded will depend on the specific facts of each case.

Legal Analysis:

The court's decision in this case is based on the following principles of Thai labor law:

Employees have the right to be treated fairly and with respect by their employers.

Employers are not allowed to terminate an employee's employment without a valid reason.

Employees who are unfairly dismissed are entitled to compensation.

In this case, the court found that the employer's actions in forcing the employee to resign were unfair and in violation of their rights. The court awarded the employee damages for both the tort of 100,000 baht and for unfair dismissal of 550,000 baht (10 months' salary).

Significance:

This case is a reminder that employers must be careful not to terminate an employee with unfair reason. If an employer does so, they may be held liable for damages.

LAS / Legal Advance Solution

Thundthornthep Yamoutai

[email protected]