Corporate trends / Performance record
Unfair Dismissal Case on “Expectation of Renewal (Restaurant Hygiene and Cooking Violations)” (Unfair Dismissal 412)
- Date2026/04/28 04:24
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[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of “expectation of renewal (restaurant hygiene and cooking violations).”
Decision body: Incheon Regional Labor Relations Commission
2025 Unfair Dismissal 9222 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026.02.10 · Disposition: Dismissed
Summary of key issues: (a)
1. Legal Implications
In this post, we review an application for remedy for unfair dismissal filed by a fixed-term employee that was handled by the Incheon Regional Labor Relations Commission. We examine how the Commission assessed the employee’s expectation of renewal and the “reasonable grounds” for refusal to renew, and we organize the key points from the practical perspective of Labor Law Firm Law&.
In particular, this case is significant in HR and labor management generally because it concerns refusal to renew an employment contract on the ground of repeated violations of hygiene and cooking procedures at a food service outlet. Although this is a different type of dispute from redundancy-based dismissals, it provides important guidance.
Ⅰ. Case Overview
The employee in this case worked at a food service outlet under a fixed-term employment contract. After the initial contract, the contract was renewed four times in total without any interruption in the employment relationship.
The employer notified the employee that the employment contract would no longer be renewed due to violations of hygiene and cooking procedures and problems in job performance. The employee claimed that this refusal to renew constituted an unfair refusal to renew amounting to unfair dismissal and applied to the Labor Relations Commission for remedy.
Ⅱ. Summary of Issues
The issue in this case is:
“In a situation where a fixed-term employee whose contract has been renewed multiple times is performing regular and continuous duties, is the employee recognized as having a legitimate ‘expectation of renewal’ of the employment contract? If such expectation of renewal is recognized, does the refusal to renew based on violations of hygiene and cooking procedures—given the nature of the food service industry—constitute ‘reasonable grounds’?”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The decision panel found that the employee had an expectation of renewal of the employment contract, given that the contract had been renewed four consecutive times after the first contract without interruption of the employment relationship; that the employee’s duties were regular and continuous; and that the store manager’s statement to the effect that “if there is no improvement, the contract cannot be renewed” implied, conversely, that continued employment could be expected if improvements were made.
Furthermore, the Commission noted that compliance with hygiene and cooking procedures is an essential element of business operations in the food service industry; that at each renewal point the employer conducted interviews, pointed out specific problems, and requested improvements; that the employer repeatedly notified the employee that renewal would be difficult if improvements were not made, thereby affording sufficient opportunity for improvement; and that the same types of problems continued to be identified. Taking all of this into account, the Commission held that there were socially acceptable and sufficient “reasonable grounds” for the refusal to renew.
Ultimately, while the Commission acknowledged the existence of an expectation of renewal, it held that, because there were reasonable grounds for the refusal to renew, the employer’s action did not constitute unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
Even as a fixed-term employee, if your contract has been renewed multiple times and your duties are regular and continuous, there is a high likelihood that an expectation of renewal of the employment contract will be recognized.
However, even where an expectation of renewal is recognized, if objectively verifiable problems—such as repeated violations of hygiene and safety rules or insufficient job performance—are not remedied, the Labor Relations Commission may still find that there are reasonable grounds for refusal to renew.
Accordingly, when you are criticized or given corrective instructions at work, it is important to make notes and organize the content, even if the criticism is only verbal, and to keep specific records of what corrective measures you took.
You should also, around the time of renewal, check and record for yourself the content of interviews, any warnings, and any training or guidance you received, so that in the event of a dispute you can objectively prove your “efforts to improve.”
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the employer’s perspective, on the premise that a fixed-term employee may be recognized as having an expectation of renewal, it is advisable to formalize, as far as possible, the criteria and procedures for deciding on renewal, and to apply them consistently in practice.
In industries such as food service, where hygiene and cooking procedures are core elements, you should systematically maintain records of hygiene standards and cooking manuals, training records, and step-by-step measures in the event of violations (verbal warning – written warning – training/retraining, etc.), so that you can persuasively assert the reasonable grounds for refusal to renew.
Before refusing to renew, you should clearly notify the employee, through an interview, of the specific problems, the required improvements, and the fact that renewal may be difficult if improvements are not made, and you should document the process and content in writing or electronic form.
If such procedural management is in place, these records will serve as key evidence to prove “sufficient opportunity for improvement” and “repeated violations” when disputing unfair dismissal before the Labor Relations Commission, thereby increasing the likelihood that the action will be recognized as a legitimate exercise of managerial prerogative.
2. Matters Decided
a. Case Overview and Procedural History
a. Whether an expectation of renewal of the employment contract existed
Taking into account that, after the first employment contract, the employee and employer renewed the employment contract a total of four times without any interruption in the employment relationship; that the employee’s duties were regular and continuous; and that the store manager, when pointing out problems to the employee, stated in effect that “if there is no improvement, the employment contract cannot be renewed,” which presupposes the possibility that the employment contract could be continued if the problems were corrected, the Commission found that the employee had an expectation of renewal of the employment contract.
b. Whether there were reasonable grounds for refusal to renew
Given that, by its nature, compliance with hygiene and cooking procedures in the food service industry is an essential and important element of business operations; that at the time of contract renewal the store manager pointed out the employee’s problems through interviews and requested improvements; that the manager repeatedly notified the employee that, if the problems were not corrected, renewal of the employment contract could be difficult, thereby affording sufficient opportunity for improvement; and that the same types of problems continued to be identified, the Commission determined that there were reasonable grounds for refusal to renew.
3. Summary of the Decision
a. Summary of the Labor Relations Commission’s Reasoning
a. Whether an expectation of renewal of the employment contract existed
Taking into account that, after the first employment contract, the employee and employer renewed the employment contract a total of four times without any interruption in the employment relationship; that the employee’s duties were regular and continuous; and that the store manager, when pointing out problems to the employee, stated in effect that “if there is no improvement, the employment contract cannot be renewed,” which presupposes the possibility that the employment contract could be continued if the problems were corrected, the Commission found that the employee had an expectation of renewal of the employment contract.
b. Whether there were reasonable grounds for refusal to renew
Given that, by its nature, compliance with hygiene and cooking procedures in the food service industry is an essential and important element of business operations; that at the time of contract renewal the store manager pointed out the employee’s problems through interviews and requested improvements; that the manager repeatedly notified the employee that, if the problems were not corrected, renewal of the employment contract could be difficult, thereby affording sufficient opportunity for improvement; and that the same types of problems continued to be identified, the Commission determined that there were reasonable grounds for refusal to renew. /
[See More Related Decisions]
- “‘Non-Formation of Hiring Commitment (Absence of Offer Letter)’ Unfair Dismissal Decision” – Decision date: – Case number: Initial decision upheld
- “‘Expression of Intention to Resign (Resignation Remark in Telephone Call)’ Unfair Dismissal Decision”
- “‘Employer Status (Multiple Business Sites)’ Unfair Dismissal Decision”
[Tags]
Unfair dismissal, expectation of renewal (restaurant hygiene and cooking violations), refusal to renew fixed-term contract, performance evaluation and poor performance, Labor Law Firm Law&, large labor law firm, Samseong-dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This post is part of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&.
※ You can view the previous post, “‘Excessive Disciplinary Measure (Only Non-Compliance with Work Instructions Recognized)’ Unfair Dismissal Decision,” in a new window.
※ You can also view the list of decisions related to expectation of renewal (restaurant hygiene and cooking violations) at “List of Decisions on Expectation of Renewal (Restaurant Hygiene and Cooking Violations).”
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issue of “expectation of renewal (restaurant hygiene and cooking violations).”
Decision body: Incheon Regional Labor Relations Commission
2025 Unfair Dismissal 9222 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2026.02.10 · Disposition: Dismissed
Summary of key issues: (a)
1. Legal Implications
In this post, we review an application for remedy for unfair dismissal filed by a fixed-term employee that was handled by the Incheon Regional Labor Relations Commission. We examine how the Commission assessed the employee’s expectation of renewal and the “reasonable grounds” for refusal to renew, and we organize the key points from the practical perspective of Labor Law Firm Law&.
In particular, this case is significant in HR and labor management generally because it concerns refusal to renew an employment contract on the ground of repeated violations of hygiene and cooking procedures at a food service outlet. Although this is a different type of dispute from redundancy-based dismissals, it provides important guidance.
Ⅰ. Case Overview
The employee in this case worked at a food service outlet under a fixed-term employment contract. After the initial contract, the contract was renewed four times in total without any interruption in the employment relationship.
The employer notified the employee that the employment contract would no longer be renewed due to violations of hygiene and cooking procedures and problems in job performance. The employee claimed that this refusal to renew constituted an unfair refusal to renew amounting to unfair dismissal and applied to the Labor Relations Commission for remedy.
Ⅱ. Summary of Issues
The issue in this case is:
“In a situation where a fixed-term employee whose contract has been renewed multiple times is performing regular and continuous duties, is the employee recognized as having a legitimate ‘expectation of renewal’ of the employment contract? If such expectation of renewal is recognized, does the refusal to renew based on violations of hygiene and cooking procedures—given the nature of the food service industry—constitute ‘reasonable grounds’?”
Ⅲ. Summary of the Labor Relations Commission’s Reasoning
The decision panel found that the employee had an expectation of renewal of the employment contract, given that the contract had been renewed four consecutive times after the first contract without interruption of the employment relationship; that the employee’s duties were regular and continuous; and that the store manager’s statement to the effect that “if there is no improvement, the contract cannot be renewed” implied, conversely, that continued employment could be expected if improvements were made.
Furthermore, the Commission noted that compliance with hygiene and cooking procedures is an essential element of business operations in the food service industry; that at each renewal point the employer conducted interviews, pointed out specific problems, and requested improvements; that the employer repeatedly notified the employee that renewal would be difficult if improvements were not made, thereby affording sufficient opportunity for improvement; and that the same types of problems continued to be identified. Taking all of this into account, the Commission held that there were socially acceptable and sufficient “reasonable grounds” for the refusal to renew.
Ultimately, while the Commission acknowledged the existence of an expectation of renewal, it held that, because there were reasonable grounds for the refusal to renew, the employer’s action did not constitute unfair dismissal.
Ⅳ. Practical Points (From the Employee’s Perspective)
Even as a fixed-term employee, if your contract has been renewed multiple times and your duties are regular and continuous, there is a high likelihood that an expectation of renewal of the employment contract will be recognized.
However, even where an expectation of renewal is recognized, if objectively verifiable problems—such as repeated violations of hygiene and safety rules or insufficient job performance—are not remedied, the Labor Relations Commission may still find that there are reasonable grounds for refusal to renew.
Accordingly, when you are criticized or given corrective instructions at work, it is important to make notes and organize the content, even if the criticism is only verbal, and to keep specific records of what corrective measures you took.
You should also, around the time of renewal, check and record for yourself the content of interviews, any warnings, and any training or guidance you received, so that in the event of a dispute you can objectively prove your “efforts to improve.”
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the employer’s perspective, on the premise that a fixed-term employee may be recognized as having an expectation of renewal, it is advisable to formalize, as far as possible, the criteria and procedures for deciding on renewal, and to apply them consistently in practice.
In industries such as food service, where hygiene and cooking procedures are core elements, you should systematically maintain records of hygiene standards and cooking manuals, training records, and step-by-step measures in the event of violations (verbal warning – written warning – training/retraining, etc.), so that you can persuasively assert the reasonable grounds for refusal to renew.
Before refusing to renew, you should clearly notify the employee, through an interview, of the specific problems, the required improvements, and the fact that renewal may be difficult if improvements are not made, and you should document the process and content in writing or electronic form.
If such procedural management is in place, these records will serve as key evidence to prove “sufficient opportunity for improvement” and “repeated violations” when disputing unfair dismissal before the Labor Relations Commission, thereby increasing the likelihood that the action will be recognized as a legitimate exercise of managerial prerogative.
2. Matters Decided
a. Case Overview and Procedural History
a. Whether an expectation of renewal of the employment contract existed
Taking into account that, after the first employment contract, the employee and employer renewed the employment contract a total of four times without any interruption in the employment relationship; that the employee’s duties were regular and continuous; and that the store manager, when pointing out problems to the employee, stated in effect that “if there is no improvement, the employment contract cannot be renewed,” which presupposes the possibility that the employment contract could be continued if the problems were corrected, the Commission found that the employee had an expectation of renewal of the employment contract.
b. Whether there were reasonable grounds for refusal to renew
Given that, by its nature, compliance with hygiene and cooking procedures in the food service industry is an essential and important element of business operations; that at the time of contract renewal the store manager pointed out the employee’s problems through interviews and requested improvements; that the manager repeatedly notified the employee that, if the problems were not corrected, renewal of the employment contract could be difficult, thereby affording sufficient opportunity for improvement; and that the same types of problems continued to be identified, the Commission determined that there were reasonable grounds for refusal to renew.
3. Summary of the Decision
a. Summary of the Labor Relations Commission’s Reasoning
a. Whether an expectation of renewal of the employment contract existed
Taking into account that, after the first employment contract, the employee and employer renewed the employment contract a total of four times without any interruption in the employment relationship; that the employee’s duties were regular and continuous; and that the store manager, when pointing out problems to the employee, stated in effect that “if there is no improvement, the employment contract cannot be renewed,” which presupposes the possibility that the employment contract could be continued if the problems were corrected, the Commission found that the employee had an expectation of renewal of the employment contract.
b. Whether there were reasonable grounds for refusal to renew
Given that, by its nature, compliance with hygiene and cooking procedures in the food service industry is an essential and important element of business operations; that at the time of contract renewal the store manager pointed out the employee’s problems through interviews and requested improvements; that the manager repeatedly notified the employee that, if the problems were not corrected, renewal of the employment contract could be difficult, thereby affording sufficient opportunity for improvement; and that the same types of problems continued to be identified, the Commission determined that there were reasonable grounds for refusal to renew. /
[See More Related Decisions]
- “‘Non-Formation of Hiring Commitment (Absence of Offer Letter)’ Unfair Dismissal Decision” – Decision date: – Case number: Initial decision upheld
- “‘Expression of Intention to Resign (Resignation Remark in Telephone Call)’ Unfair Dismissal Decision”
- “‘Employer Status (Multiple Business Sites)’ Unfair Dismissal Decision”
[Tags]
Unfair dismissal, expectation of renewal (restaurant hygiene and cooking violations), refusal to renew fixed-term contract, performance evaluation and poor performance, Labor Law Firm Law&, large labor law firm, Samseong-dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This post is part of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&.
※ You can view the previous post, “‘Excessive Disciplinary Measure (Only Non-Compliance with Work Instructions Recognized)’ Unfair Dismissal Decision,” in a new window.
※ You can also view the list of decisions related to expectation of renewal (restaurant hygiene and cooking violations) at “List of Decisions on Expectation of Renewal (Restaurant Hygiene and Cooking Violations).”
※ Korean version of this case: Korean article
