"Preferred for Drivers" but Fired for Poor Skills... Court Rules "Unfair Dismissal"

Listed as 'Preferred Qualifications' in Job Posting
Law: "Not Contract Terms... Verbal Dismissal Notice Also Illegal"

A court ruling has determined that a company that listed 'drivers preferred' as a hiring preference and terminated an employee's contract due to poor driving skills constitutes unfair dismissal.

The Seoul Administrative Court Administrative Division 13 (Presiding Judge Park Jeong-dae) dismissed a lawsuit filed by construction company A against the Central Labor Commission (CLC), which had rejected A's request for reconsideration of unfair dismissal relief, according to Yonhap News on the 3rd. The court ruled that A's notification to the employee to terminate the employment contract amounted to unfair dismissal.

Seoul Administrative Court Exterior View

Last year, company A hired Mr. B as an office worker responsible for assisting with trade tasks and managing documents. The job posting at the time specified 'drivers preferred' as a hiring advantage. Although Mr. B held a driver's license, he was inexperienced in driving. He was hired after passing document screening and interviews. However, during the three-month probation period, company A notified Mr. B of contract termination without written notice, citing reasons such as his poor driving skills.

Mr. B filed a relief request with the Seoul Regional Labor Commission, claiming the dismissal was unfair. The commission accepted his claim and ruled it was indeed unfair dismissal. Company A, dissatisfied with this decision, requested a reconsideration from the Central Labor Commission, which was also dismissed. Ultimately, company A filed a lawsuit challenging the labor commission's decision.

Company A argued that the employment contract was invalid because the condition of driving ability, a term of the contract, was not fulfilled. The company also suggested the possibility of Mr. B's 'deception.' However, the court agreed with the labor commission that company A's dismissal was unfair.

The court explained, "Although 'drivers preferred' was stated in the job posting, driving ability is merely a preference and cannot be recognized as a condition of the employment contract. If driving proficiency was required for the job, it would be customary to specify this in the job posting or at least verify it before hiring." Furthermore, since Mr. B possessed a driver's license and claimed during the hiring process that he was a novice driver, the court found no grounds to believe he was a driver or that he deceived the company. The court added, "The company unilaterally terminated the employment contract against Mr. B's will without written notice of the reason, which is illegal, as only verbal dismissal was communicated."

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