"Dancer Fired for Breaking Self-Quarantine Deemed Unfair"… National Ballet of Korea Files Appeal Lawsuit
Central Labor Commission Recognizes Unfair Dismissal in Rehearing of Dancer Na's Relief Application
National Ballet Files Lawsuit to Cancel Relief Rehearing Decision at Seoul Administrative Court
Former National Ballet dancer Na Mo (28), who was disciplinarily dismissed for traveling abroad during a self-quarantine period, was recognized as unfairly dismissed by the Labor Relations Commission. The National Ballet filed an administrative lawsuit, stating it cannot accept the decision.
According to the performing arts community on the 14th, the Central Labor Relations Commission acknowledged the unfair dismissal in the reconsideration of Na's unfair dismissal relief application on October 12. Although traveling to Japan during the self-quarantine period violated the duty to maintain dignity and obedience under service regulations, it was judged not to constitute grounds for dismissal under the collective agreement. Since Na did not violate the government's official self-quarantine measures, the disciplinary dismissal was seen as an abuse of the National Ballet's disciplinary discretion. The commission also considered that the National Ballet did not sufficiently caution or warn Na about the importance of complying with self-quarantine guidelines, and that other members who committed similar misconduct received only suspension as disciplinary action.
Na's disciplinary dismissal was also recognized as unfair by the Seoul Regional Labor Relations Commission on June 18. It was based on the grounds that Na did not intentionally try to damage the National Ballet's reputation, reflected on his actions, and had no prior disciplinary record.
The National Ballet received the reinstatement order for Na from the Central Labor Relations Commission on the 6th of last month and appealed. It maintains the position that the member's misconduct caused serious harm to the organization's status amid the spread of the novel coronavirus disease (COVID-19). On the 20th of the same month, it filed a lawsuit at the Seoul Administrative Court to cancel the reconsideration ruling on unfair dismissal by the Central Labor Relations Commission. The case was assigned to the Administrative Division 11 of the Seoul Administrative Court. The date of the first trial has not yet been set.
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The National Ballet had ordered all members to self-quarantine from February 24 to March 1. This was a self-imposed preventive measure taken amid a rapid increase in new COVID-19 cases. However, Na traveled to Japan with his girlfriend on February 27?28 and posted related photos on social networking services (SNS), drawing much criticism. The National Ballet issued an apology under the name of Artistic Director and Director Kang Su-jin and held a disciplinary committee that dismissed Na. This was the first dismissal of a regular member in the National Ballet’s 58-year history.
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