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Decision on Unfair Dismissal Concerning “Existence of Dismissal (Notification by Text Message)” (Unfair Dismissal 479)
- Date2026/05/25 04:04
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[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of “existence of dismissal (notification by text message).”
Decision Committee: Seoul Regional Labor Relations Commission 2026Buhae79 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026.03.19 · Case outcome: Dismissed
Summary of key issue: Although certain expressions in the employer’s text message could be interpreted as a dismissal, the message also scheduled a subsequent meeting for consultation, making it difficult to regard it as a unilateral expression of intent to dismiss. Even after the employee requested a written notice of dismissal, the employer clarified that the text message did not constitute a dismissal and instructed the employee to report to work, thereby clearly indicating the absence of an intention to dismiss. Taking the content of the text and the employer’s subsequent conduct together, there was insufficient evidence to recognize that the employment relationship had been unilaterally terminated…
1. Legal Implications
Ⅰ. Case Overview
In this case, the issue was whether the content of a text message sent by the employer to the employee constituted a notice of dismissal, leading the employee to file an application with the Labor Relations Commission for a remedy for unfair dismissal. The Seoul Regional Labor Relations Commission examined the matter focusing on whether the employment relationship had in fact been terminated, taking into account the content of the text message, the scheduled subsequent meeting, the instruction to report to work, and the sequence of events as a whole. This case can be viewed as a typical example in which, between an employee alleging unfair dismissal and an employer, the dispute centers on whether an informal expression of intent via text or KakaoTalk amounts to a dismissal or merely a proposal for consultation.
Ⅱ. Summary of Issues
The issue in this case is whether, “in circumstances where certain expressions in the employer’s text message may appear to indicate dismissal, that message can be regarded as an expression of intent to dismiss, and furthermore, whether the employment relationship was actually terminated.” In other words, even where it appears that the employee was unilaterally notified only by text message without a written notice of dismissal, the key question is how the Labor Relations Commission assesses, in light of the employer’s subsequent conduct and surrounding circumstances, whether unfair dismissal is established.
Ⅲ. Summary of the Labor Relations Commission’s Decision
The panel in this case noted that the employer used certain expressions in the text message that could be interpreted as a dismissal, but that the same message also scheduled a subsequent meeting for consultation; that when the employee requested a written notice of dismissal, the employer clearly stated that the text was not a dismissal and instructed the employee to continue reporting to work; and that, considering the content of the text and the employer’s subsequent conduct as a whole,
this purported dismissal could not be regarded as a definitive expression of intent by the employer to unilaterally terminate the employment relationship, and there was insufficient objective evidence to recognize that the employment relationship had been terminated. Accordingly, the Commission held that no dismissal existed and that the claim of unfair dismissal could not be upheld.
Ⅳ. Practical Points (From the Employee’s Perspective)
From the employee’s standpoint, rather than hastily concluding that you have been “dismissed” based solely on the content of a text or KakaoTalk message, you should carefully check the overall circumstances, including the employer’s subsequent explanations, whether you are instructed to report to work, and whether any meeting is held. In addition, if you actually seek a remedy for unfair dismissal, you should systematically collect evidence that the employer made a unilateral and definitive expression of intent to terminate the employment relationship, such as the specific wording of the messages, the method of notification, and the circumstances under which you were subsequently excluded from reporting to work.
Ⅴ. Practical Points (From the Employer’s/Company’s Perspective)
From the employer’s perspective, you should be aware that using expressions such as “don’t come in anymore” in a text message sent in the heat of the moment can provide grounds for an unfair dismissal dispute, regardless of whether a dismissal actually occurs. In light of the written notice requirement for dismissal under Article 27 of the Labor Standards Act and its purpose of preventing disputes over the existence and timing of dismissal, any actual dismissal should be effected by formally delivering a written notice specifying the reasons for dismissal and the date of dismissal. Text messages or messenger apps should be used only for matters such as providing information on consultations or coordinating meeting schedules.
In cases like this, both employees and employers should bear in mind that the Labor Relations Commission does not readily recognize the termination of an employment relationship based solely on ambiguous expressions exchanged by text message as to whether there has been a dismissal. Once it is recognized that a dismissal exists, strict legal principles apply, including the requirement of just cause and written notice.
(ⓒ2026 copyright. Labor Attorney Youngseop Moon, Labor Law Firm Law&.)
2. Matters Decided
a. Case Overview and Procedural History
Although certain expressions in the employer’s text message could be interpreted as a dismissal, the message also scheduled a subsequent meeting for consultation, making it difficult to regard it as a unilateral expression of intent to dismiss. Even after the employee requested a written notice of dismissal, the employer clarified that the text message did not constitute a dismissal and instructed the employee to report to work, thereby clearly indicating the absence of an intention to dismiss. Taking the content of the text and the employer’s subsequent conduct together, there was insufficient evidence to recognize that the employment relationship had been unilaterally terminated, and it was therefore determined that no dismissal existed.
3. Gist of the Decision
a. Summary of the Labor Relations Commission’s Reasoning
Although certain expressions in the employer’s text message could be interpreted as a dismissal, the message also scheduled a subsequent meeting for consultation, making it difficult to regard it as a unilateral expression of intent to dismiss. Even after the employee requested a written notice of dismissal, the employer clarified that the text message did not constitute a dismissal and instructed the employee to report to work, thereby clearly indicating the absence of an intention to dismiss. Taking the content of the text and the employer’s subsequent conduct together, there was insufficient evidence to recognize that the employment relationship had been unilaterally terminated, and it was therefore determined that no dismissal existed. /
[See More Related Decisions]
- “Decision on Unfair Dismissal Concerning ‘Expression of Intent to Resign (Resignation Remark in Telephone Call)’”
- “Decision on Unfair Dismissal Concerning ‘Failure to Meet Requirements for Redundancy Dismissal (Workout Company)’”
- “Decision on Unfair Dismissal Concerning ‘Non-Formation of Hiring Commitment (Absence of Offer Letter)’” – Date of decision: – Case number: First-instance decision upheld
[Tags]
Unfair dismissal, existence of dismissal (notification by text message), others, Labor Law Firm Law&, large labor law firm, Samseong-dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This article is part of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&.
※ You can view the previous article, “Decision on Unfair Dismissal Concerning ‘Disciplinary Sanctions (Workplace Bullying·External Complaints)’,” in a new window.
※ The list of decisions related to existence of dismissal (notification by text message) can be viewed together in the “List of Decisions Related to Existence of Dismissal (Notification by Text Message).”
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issue of “existence of dismissal (notification by text message).”
Decision Committee: Seoul Regional Labor Relations Commission 2026Buhae79 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026.03.19 · Case outcome: Dismissed
Summary of key issue: Although certain expressions in the employer’s text message could be interpreted as a dismissal, the message also scheduled a subsequent meeting for consultation, making it difficult to regard it as a unilateral expression of intent to dismiss. Even after the employee requested a written notice of dismissal, the employer clarified that the text message did not constitute a dismissal and instructed the employee to report to work, thereby clearly indicating the absence of an intention to dismiss. Taking the content of the text and the employer’s subsequent conduct together, there was insufficient evidence to recognize that the employment relationship had been unilaterally terminated…
1. Legal Implications
Ⅰ. Case Overview
In this case, the issue was whether the content of a text message sent by the employer to the employee constituted a notice of dismissal, leading the employee to file an application with the Labor Relations Commission for a remedy for unfair dismissal. The Seoul Regional Labor Relations Commission examined the matter focusing on whether the employment relationship had in fact been terminated, taking into account the content of the text message, the scheduled subsequent meeting, the instruction to report to work, and the sequence of events as a whole. This case can be viewed as a typical example in which, between an employee alleging unfair dismissal and an employer, the dispute centers on whether an informal expression of intent via text or KakaoTalk amounts to a dismissal or merely a proposal for consultation.
Ⅱ. Summary of Issues
The issue in this case is whether, “in circumstances where certain expressions in the employer’s text message may appear to indicate dismissal, that message can be regarded as an expression of intent to dismiss, and furthermore, whether the employment relationship was actually terminated.” In other words, even where it appears that the employee was unilaterally notified only by text message without a written notice of dismissal, the key question is how the Labor Relations Commission assesses, in light of the employer’s subsequent conduct and surrounding circumstances, whether unfair dismissal is established.
Ⅲ. Summary of the Labor Relations Commission’s Decision
The panel in this case noted that the employer used certain expressions in the text message that could be interpreted as a dismissal, but that the same message also scheduled a subsequent meeting for consultation; that when the employee requested a written notice of dismissal, the employer clearly stated that the text was not a dismissal and instructed the employee to continue reporting to work; and that, considering the content of the text and the employer’s subsequent conduct as a whole,
this purported dismissal could not be regarded as a definitive expression of intent by the employer to unilaterally terminate the employment relationship, and there was insufficient objective evidence to recognize that the employment relationship had been terminated. Accordingly, the Commission held that no dismissal existed and that the claim of unfair dismissal could not be upheld.
Ⅳ. Practical Points (From the Employee’s Perspective)
From the employee’s standpoint, rather than hastily concluding that you have been “dismissed” based solely on the content of a text or KakaoTalk message, you should carefully check the overall circumstances, including the employer’s subsequent explanations, whether you are instructed to report to work, and whether any meeting is held. In addition, if you actually seek a remedy for unfair dismissal, you should systematically collect evidence that the employer made a unilateral and definitive expression of intent to terminate the employment relationship, such as the specific wording of the messages, the method of notification, and the circumstances under which you were subsequently excluded from reporting to work.
Ⅴ. Practical Points (From the Employer’s/Company’s Perspective)
From the employer’s perspective, you should be aware that using expressions such as “don’t come in anymore” in a text message sent in the heat of the moment can provide grounds for an unfair dismissal dispute, regardless of whether a dismissal actually occurs. In light of the written notice requirement for dismissal under Article 27 of the Labor Standards Act and its purpose of preventing disputes over the existence and timing of dismissal, any actual dismissal should be effected by formally delivering a written notice specifying the reasons for dismissal and the date of dismissal. Text messages or messenger apps should be used only for matters such as providing information on consultations or coordinating meeting schedules.
In cases like this, both employees and employers should bear in mind that the Labor Relations Commission does not readily recognize the termination of an employment relationship based solely on ambiguous expressions exchanged by text message as to whether there has been a dismissal. Once it is recognized that a dismissal exists, strict legal principles apply, including the requirement of just cause and written notice.
(ⓒ2026 copyright. Labor Attorney Youngseop Moon, Labor Law Firm Law&.)
2. Matters Decided
a. Case Overview and Procedural History
Although certain expressions in the employer’s text message could be interpreted as a dismissal, the message also scheduled a subsequent meeting for consultation, making it difficult to regard it as a unilateral expression of intent to dismiss. Even after the employee requested a written notice of dismissal, the employer clarified that the text message did not constitute a dismissal and instructed the employee to report to work, thereby clearly indicating the absence of an intention to dismiss. Taking the content of the text and the employer’s subsequent conduct together, there was insufficient evidence to recognize that the employment relationship had been unilaterally terminated, and it was therefore determined that no dismissal existed.
3. Gist of the Decision
a. Summary of the Labor Relations Commission’s Reasoning
Although certain expressions in the employer’s text message could be interpreted as a dismissal, the message also scheduled a subsequent meeting for consultation, making it difficult to regard it as a unilateral expression of intent to dismiss. Even after the employee requested a written notice of dismissal, the employer clarified that the text message did not constitute a dismissal and instructed the employee to report to work, thereby clearly indicating the absence of an intention to dismiss. Taking the content of the text and the employer’s subsequent conduct together, there was insufficient evidence to recognize that the employment relationship had been unilaterally terminated, and it was therefore determined that no dismissal existed. /
[See More Related Decisions]
- “Decision on Unfair Dismissal Concerning ‘Expression of Intent to Resign (Resignation Remark in Telephone Call)’”
- “Decision on Unfair Dismissal Concerning ‘Failure to Meet Requirements for Redundancy Dismissal (Workout Company)’”
- “Decision on Unfair Dismissal Concerning ‘Non-Formation of Hiring Commitment (Absence of Offer Letter)’” – Date of decision: – Case number: First-instance decision upheld
[Tags]
Unfair dismissal, existence of dismissal (notification by text message), others, Labor Law Firm Law&, large labor law firm, Samseong-dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This article is part of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&.
※ You can view the previous article, “Decision on Unfair Dismissal Concerning ‘Disciplinary Sanctions (Workplace Bullying·External Complaints)’,” in a new window.
※ The list of decisions related to existence of dismissal (notification by text message) can be viewed together in the “List of Decisions Related to Existence of Dismissal (Notification by Text Message).”
※ Korean version of this case: Korean article
