Eurasian Patent Organization

Core of the Case

Labor dispute regarding the reinstatement of the head of the legal department, who was dismissed due to the provision of inadequate financial documentation to process reimbursement of his expenses for renting a dwelling. It was obvious that the claim was subject to satisfaction, so the task of the firm’s lawyers was to prevent the recovery of excessive amounts claimed by the plaintiff, in particular: 1. Compensation for renting an apartment in Moscow for a period of more than six months to the plaintiff as a foreign worker. 2. Compensation for the flight of the plaintiff and her entire family to her country after dismissal, payment for baggage. 3. Compensation for moral harm in the amount of 5,000,000 rubles. 4.
A one-time allowance upon dismissal in the amount of 209,000 rubles.

Scope of Services

Preparation of response to the claim and representation in the court of first instance.

Achievements, Results, Importance, Significance of the Project

Based on the results of a thorough study of all internal local acts of the Organization regarding the claimed payments, it was possible to convince the court that these payments were not due to the plaintiff. As a result, the plaintiff waived her claims (to pay for renting an apartment, for the flight of the whole family, for carrying baggage, for paying her a lump-sum payment in connection with her dismissal). The amount of compensation for moral harm was reduced from 5 million rubles to 10 thousand rubles. The plaintiff’s legal costs were reduced from 50 thousand rubles to 15 thousand rubles. Thus, the task was completed: the dismissal was declared unlawful with the demand for payment for lost earnings, but the plaintiff did not actually receive satisfaction of all other requirements. For the company, a significant task was to minimize the consequences and reputational risks associated with the erroneous dismissal of an employee due to circumstances that were not carefully clarified.

Case File

02-1679/2020