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Rīgas apgabaltiesas Civillietu tiesas kolēģija: izskatīja civillietu Klientes prasībā pret AS “Olainfarm” par atstādināšanas rīkojuma atzīšanu par spēkā neesošu un vidējās izpeļņas par darba piespiedu kavējumu piedziņu un AS “Olainfarm” prasībā pret Klienti par darba tiesisko attiecību izbeigšanu sakarā ar AS “Olainfarm” apelācijas sūdzību par Pirmās instances spriedumu.
Tātad normā nav runas par darbinieka vēlmi kaitēt darba devējam, proti, par darbinieka subjektīvu gribu radīt kaitējumu, bet gan par faktiem, kas dod pietiekamu pamatu uzskatīt, ka neatstādināšanas gadījumā var rasties kaitējums darbiniekam vai trešo personu drošībai un veselībai vai citām darba devēja vai trešo personu pamatotām interesēm.
Senāts jau agrāk izskaidrojis, ka tiesai, izšķirot jautājumu par atstādināšanas no darba pamatotību pēc Darba likuma 58.panta trešās daļas, jāvērtē, kādas ir tās darba devējas vai trešo personu pamatotās intereses, kuru apdraudējums būtu novēršams, kā arī jānodibina apstākļi, kas apliecina kaitējuma iestāšanās iespējamību darbinieka neatstādināšanas gadījumā.
Savukārt atbilstoši Darba likuma 101.panta piektajai daļai izņēmuma kārtā darba devējam ir tiesības viena mēneša laikā celt prasību tiesā par darba tiesisko attiecību izbeigšanu gadījumos, kas nav minēti šā panta pirmajā daļā, ja viņam ir svarīgs iemesls. Par šādu iemeslu atzīstams katrs tāds apstāklis, kas, pamatojoties uz tikumības un savstarpējās taisnprātības apsvērumiem, nepieļauj turpināt darba tiesiskās attiecības. Jautājumu par svarīga iemesla esamību izšķir tiesa pēc sava ieskata.
Šajā sakarā Senāts norādījis: lai izbeigtu darba tiesiskās attiecības atbilstoši Darba likuma 101.panta piektajai daļai, ir jābūt pilnīgi patstāvīgam pamatam, ko nevar saistīt ar šā panta pirmajā daļā norādītajiem gadījumiem. Turklāt atšķirībā no Darba likuma 101.panta pirmajā daļā noteiktajiem gadījumiem, tiesa lemj par to, vai darba devējam ir svarīgs iemesls prasīt darba tiesisko attiecību izbeigšanu ar darbinieku. Līdz ar to vispirms tiesas uzdevums ir pārbaudīt, vai nepastāv kāds cits no Darba likumā noteiktajiem pamatiem darba līguma uzteikumam, un tikai pēc tam vērtēt jautājumu par svarīga iemesla esību.
Civillietu tiesas kolēģija atzīst, ka pirmās instances tiesa konstatētos lietas faktiskos apstākļus un iesniegtos pierādījumus tiktāl, ciktāl tas attiecas uz apelācijas instances tiesā izskatāmo prasību apjomu ir novērtējusi vispusīgi, objektīvi un juridiski pareizi. Tādējādi atzīstams, ka pirmās instances tiesas spriedumā ietvertais pamatojums ir pareizs un pilnībā pietiekams, līdz ar to atbilstoši Civilprocesa likuma 432.panta piektās daļas noteikumiem Civillietu tiesas kolēģija, pievienojoties pirmās instances tiesas sprieduma argumentācijai šajā daļā, tajā norādītos motīvus neatkārto.
Apelācijas sūdzībā ietvertie argumenti pēc būtības pilnīgi atkārto tos pašus argumentus un apsvērumus, kas norādīti jau prasības pieteikuma papildinājumos un pirmās instances tiesas sēdē sniegtajos paskaidrojumos. Tādus argumentus vai apsvērumus, ko pirmās instances tiesa nebūtu vērtējusi spriedumā, AS “Olainfarm” apelācijas sūdzībā nav norādījusi, kā arī nav iesniegusi lietā jaunus pierādījumus, kas apstiprinātu tās prasības un apelācijas sūdzības pamatotību.
Rezolutīvā daļa
Saskaņā ar Covid-19 infekcijas izplatības pārvaldības likuma 10.pantu, Covid-19 infekcijas izplatības seku pārvarēšanas likuma 21.panta otro daļu, Civilprocesa likuma 8., 97., 193., 195., 204.1 un 432.pantu Civillietu tiesas kolēģija
nosprieda
apmierināt Klientes prasību pret AS “Olainfarm” par atstādināšanas rīkojuma atzīšanu par spēkā neesošu un vidējās izpeļņas par darba piespiedu kavējumu piedziņu.
Atzīt par nepamatotu un spēkā neesošu AS “Olainfarm” rīkojumu Klientes atstādināšanu no darba
Piedzīt no AS “Olainfarm”, Klientes labā vidējo izpeļņu par darba piespiedu kavējumu
Noraidīt pilnīgi AS “Olainfarm” prasību pret Klienti par darba tiesisko attiecību izbeigšanu.
130 Comments. Leave new
Kādi bija galvenie arguments no Klientes puses, kas tika izmantoti, lai panāktu atstādināšanas rīkojuma atzīšanu par spēkā neesošu un vidējās izpeļņas par darba piespiedu kavējumu piedziņu Rīgas apgabaltiesas Civillietu tiesas kolēģijā?
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