"I am not accepted interview! " phone that, wu Linyu says because of finding new job whole nation's well-known chef frowzily, catch his hang up phone. Yesterday, intermediate court final judgment adjudges the Chengdu City, division commander of former hutch of inn of Chengdu of dish of Tan feudal official, Wu Lin without reason of 38 years old leaves his post, require course of feudal official of one-time inside 30 days compensation Tan 2.5 million yuan.
First instance: Pay penalty due to breach of contract 2.5 million yuan
On July 18, 2003, wu Lin and meal of dish of Tan feudal official develop finite liability company to sign " the agreement that recruit " , conventional company recruits Wu Lin to grow rich group vise general manager for this company adviser and Sichuan; Wu Lin is responsible " dish of Tan feudal official " of the member that development research, dish tastes actor of innovation, hutch groom reach each branch Tan of staff of large kitchen of feudal official dish assure. The deadline that recruit is came on July 10, 2003 on July 9, 2013, by a definite date 10 years. Consultative agreement, inside the deadline that recruit, the company offers yearly salary to Wu Lin 300 thousand yuan, an area amounts to value of 230 square metre 10 thousand yuan about a hundred housing and car of an elegant cabinet (what offer actually is) of car of a BMW.
Wu Lin to this company commitment, in recruit period inside, the technology in tasting development to dish is confidential, without company license, technical data is not gotten outside pass, outside discharge and impart other; Outside the factor that cannot defy except manpower, wu Lin must not be in recruit period inside without reason leaves his post, otherwise " the company has authority to investigate its responsibility of breach of contract and economic duty, bear 5 million yuan of pecuniary loss " .
By June 2004, abrupt one-sided left Wu Lin this company, gave a company reassign of housing, car again subsequently. Below the circumstance that cannot persuade Wu Lin to stay, both sides was troubled by the Chengdu City to work arbitral committee. On December 30, 2004, arbitral appoint make known to lower levels adjudication book, adjudication Wu Lin with cash form one-time pay penalty due to breach of contract of dish of Tan feudal official 2.5 million yuan.
Arbitral appoint adjudication content got court of justice of people of Qing Yang division on April 19, 2005 approbate, forensic first instance adjudicates Wu Lin pays dish of Tan feudal official 2.5 million yuan of penalty due to breach of contract.
2 careful: 2.5 million yuan are compensated for inside 30 days
Because refuse to obey the court decision of court of black sheep district, wu Lin mentioned to appeal. On August 4, chengdu quadrangle open a court session is tried.
Through sessional cognizance, chengdu quadrangle thinks, after Wu Lin is localled authorities by Tan food company is recruited, basically be in charge of " dish of Tan feudal official " development research, dish tastes innovation, hutch art the main job such as Training Within Industry, mastering " dish of Tan feudal official " core technology, the behavior that its without reason leaves his post was disobeyed not only " the agreement that recruit " agreement, will local authorities to Tan the normal management activity of food company and economic benefits produce adverse effect inside certain level and limits, bring about Tan to local authorities food company suffers pecuniary loss necessarily. Accordingly, the court made a court decision, wu Lin requires course of feudal official of one-time inside 30 days compensation Tan 2.5 million yuan.
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