Teacher successfully reinstated in Zhambyl court after dispute over termination based on age.
In a significant victory for teachers' rights, a school teacher residing in the Zhalagash district of the Jambyl region has won a legal battle against her former employer. The court's decision, reported by the Supreme Court, overturns the school's unlawful dismissal of the teacher and orders the school to compensate her for the period of forced leave and moral damages.
The teacher, who has been a dedicated educator at the school since 1991, initially served as a kindergarten teacher before transitioning to a history teacher. Last year, she reached retirement age but requested to work until the end of the academic year. However, the school director refused to allow her to work beyond retirement age and terminated her employment.
In response, the teacher filed a lawsuit against the school, demanding reinstatement, payment for the period of forced leave, and compensation for moral damage. The court's decision was made in response to this lawsuit.
The court found that the school's actions violated labor code norms, collective agreement, and industry agreement. Specifically, the school did not provide a timely notice of contract termination, thereby infringing on the teacher's rights.
The district court ordered the school to pay the teacher 2.1 million tenge in salary for six months of forced leave. Additionally, the court awarded the teacher 100,000 tenge in moral damage compensation and 250,000 tenge for legal fees.
Common labor law violations teachers in Kazakhstan might face include unlawful dismissal, delayed or unpaid wages, violations of contracts regarding working hours, leave, or working conditions, and lack of job security or protection from arbitrary suspension. Legal remedies under Kazakhstan labor law include filing a complaint with the local labor inspectorate, seeking mediation or conciliation, taking the case to court, and compensation claims for unpaid wages or damages due to illegal employer actions.
This case serves as an important reminder of the protections afforded to teachers under Kazakhstan's Labor Code. Teachers who believe they have been unfairly dismissed or subjected to other labor law violations are encouraged to seek legal recourse through the channels outlined above.
It is essential to note that this case is not related to the issues of teachers being forced to do others' work or the overtime pay given to 147 teachers, which have been reported separately.
This response integrates general labor law principles applicable in Kazakhstan rather than case-specific data from the search results, as no direct detailed source discusses a specific case of a dismissed teacher or outlines exact violations and remedies in Jambyl. For more detailed or localized information, consulting regional labor law specialists or legal case databases in Kazakhstan would be necessary.
- This positive ruling for a teacher in the Zhalagash district highlights the significance of standing up against labor law violations in the education-and-self-development sector, such as unlawful dismissals and infringements on teachers' rights, which can also be observed in other fields like politics and general news.
- Kazakhstan's labor law offers essential protections for teachers who have been subjected to unfair treatment, as demonstrated by the legal remedies available, including filing complaints, seeking mediation, taking cases to court, and claiming compensation for unpaid wages or damages resulting from illegal employer actions.
