The fair member that sell a bill Ms. Qiu of 50 years old, after be had to receive money not to give the action of ticket by supervisor impeach, by company discharge. Ms. Qiu refuses to obey company decision, xiang Jia decides labor dispute to arbitrate committee applies for the arbitration, but the request that arbitrates mechanism did not support Ms. Qiu. For this, ms. Qiu mentioned to the court lawsuit. Recently, shanghai fine court of the people that decide an area makes first instance adjudicate to this case, the lawsuit that asks to Ms. Qiu with Shanghai limited company of some public traffic restores labor to concern requests not to grant to support.
Ms. Qiu began the work 1984, hold the position of booking clerk all the time. On January 29, 2005 morning, ms. Qiu is being become class, how didn't she also think of to there is a special passenger on the bus, always noticing oneself every act, this special passenger is fine the supervisor that decides an area to correct office of industry unhealthy tendency. In bus travel road, supervisor discovery Ms. Qiu has the fund that received a passenger 7 times and did not give a passenger ticket. After supervisor gets off, the place that reflected oneself to the driver of the bus at once sees, inform against report about the leader to the company at the same time. That day morning 10 when make, after the bus returns terminus, company leader sends a person to have check bill to Ms. Qiu namely, but did not discover unusual, paper money is consistent. On Feburary 18, company labour union appears personally lady looking for Qiu talks, ms. Qiu is denied readily have the case that accepts money not to give a bill. On Feburary 21, committee of company labour union attends a meeting think, supervisor has the responsibility that supervises wind of public transportation travel, his testimony is objective and true, ms. Qiu existence receives money not to give the action of the ticket. According to provision of orders of employee rewards and punishment, have the case that accepts money not to give a bill, the company can give violate discipline repulsive, remove labor contract, till,remove sb's name from the rolls discharge. For this, committee of company labour union makes a decision, remove to concern with the labor contract of Ms. Qiu.
On Feburary 28, ms. Qiu receives the announcement that understanding concerns except labor. Ms. Qiu looks at advice note, a flavor is not in the heart, worked 20 old post were done not have, want to look for appropriate working easier said than done again. Ms. Qiu refuses to obey the decision of the company, on March 3 then Xiang Jia decides area labor dispute to arbitrate committee applies for the arbitration, the requirement restores bilateral labor relation, but the requirement of Ms. Qiu did not win support. Ms. Qiu still refuses to obey, on May 19 to forensic to lodge a complaint, hold to oneself view.
On the court, ms. Qiu and company around move whether is the condition that supervisor reflects belonged to solid launched intense debate. Ms. Qiu denies her to have the action that stops money not to give a bill absolutely, think supervisor did not arrive as the witness front courtyard attest, not regulation of be good law. Supervisor did not indicate the capacity on board at that time and not be 2 people execute the law jointly, because the behavior of this supervisor is not functionary action, testimony does not have legal effectiveness. But the viewpoint that the company holds to him, the testimony that thinks supervisor place is made is lawful and effective.
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