Chinese Manager Sacked For Kissing Subordinate In Office, Court Rules In His Favour
A senior manager in eastern China, known as Lin, won a court case against his employer after being dismissed for kissing a female subordinate in the office. The court's final verdict was delivered in 2017, but the Shanghai General Trade Union only shared a summary of the case online on May 22 as part of a labour law education campaign. According to a report by the South China Morning Post, Lin worked as a production supervisor at a foreign shipping company in Qingdao, Shandong province.
In May 2015, Lin was fired for breaching company policies through sexual harassment of a female employee, surnamed Shi, and misusing his authority for personal benefit. Surveillance footage captured Lin hugging and kissing Shi on the office stairs. The Shanghai trade union, which did not disclose the company's name, stated that Lin was accused of harassing Shi and granting her undeserved promotions. The marital statuses of both individuals were not revealed in the verdict.
Lin denied the allegations and took his company to court, seeking reinstatement and compensation. The Qingdao court initially ruled that Lin's behaviour towards his subordinate, Shi, was inappropriate and violated the company's code of conduct, making his termination legal. However, upon appeal, the appellate court found that the company failed to provide evidence that Lin had personally benefited from his position, potentially impacting the case's outcome.
The appellate court noted that the company's expectation of high moral standards was more of a guiding principle than a strict rule. As a result, the court ruled that an employee's adherence to moral standards shouldn't be a determining factor for dismissal.
During the appeal, Shi testified that she had a positive relationship with Lin and denied any sexual harassment, threats, or intimidation by him. In February 2017, a higher court ruled that the company must rehire Lin and compensate him for the period of his dismissal, based on his annual salary of 1.13 million yuan (US$157,000).
The case drew significant attention on mainland social media, sparking discussions about workplace boundaries and labour laws. One user remarked, "This case shows we need to better understand the law to protect our rights." Another questioned, "Why didn't the judges consider that their actions violate public order and good customs?"
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