After Being Released From The Kitchen, The Man Was Fired For Controlling The Employment Discrimination.

At the end of October 2014, two Shenzhen men were involved in a dispute over their dates. Their video of the row in the street was red after being uploaded to the Internet. One of the leading characters was wearing a red cap and was called "Little Red Riding Hood" by netizens. After a hubbub, "Little Red Riding Hood" unexpectedly became the Internet red man and launched the online singles. Another main actor in the incident, Mu Yi, was dismissed by the company.

In October last year, the "Little Red Riding Hood" incident, which was launched by the Internet, was labeled as entertainment. One of the parties, Mu Yi (a pseudonym), was dismissed from the original work unit and was taken to court on the grounds of employment discrimination.

A few days ago, the Shenzhen Nanshan District people's court ruled that Mu Yi lost the lawsuit. The plaintiff held that the key recording evidence which could prove the reason for the company's dismissal of Mu Yi's truth was not accepted because the defendant did not recognize it and had no evidence. Moyi appealed yesterday.

According to the civil judgment of the Nanshan District people's court, plaintiff Mu Yi was appointed to the Shenzhen Decoration Art Design Co., Ltd. in August 28, 2014 and served as the design assistant. He was appointed as the sales design director since October 1st. At the beginning of November last year, the defendant dismissed the plaintiff. The plaintiff believed that the reason why he was fired was because he was found to be homosexual.

The plaintiff holds that sexual orientation is not a standard to judge people's conduct and ability, but a personal privacy that is irrelevant to their work ability. Everyone should not be discriminated against because of sexual orientation.

The plaintiff held that the act of refusing the plaintiff to go to work on the grounds of sexual orientation violated the twenty-sixth provision of the employment promotion act. He could not enforce employment discrimination, infringe upon the dignity of the plaintiff and the right to equal employment. He asked the court to order the defendant to make a written apology to the plaintiff, and to compensate for mental injury solatium 50 thousand yuan.

In response, the defendant company argued that there was no labor contract relationship between the original defendants and the plaintiff had signed a written labor contract with Shenzhen Xuan Wei Network Technology Co., Ltd., so the plaintiff should not claim any rights to the defendant. At the same time, the defendant also believed that the plaintiff had no evidence to prove that the defendant was relieved of his labor contract on the grounds of sexual orientation.

The defendant further gave evidence that in November 6th last year, the plaintiff relieved labor relations with the Hyundai company, and the resignation application completed by the plaintiff showed that the reason for the termination of the labor relationship was " Personal affairs "

During the trial, the plaintiff provided a recording of the recording time for November 20, 2014. The plaintiff said the recording was made by Mr. Tung, the convenor of the Shenzhen gay and lesbian Association, and the director of the defendant company, Li manager, about the resignation. Li said that the video of "Little Red Riding Hood" has "great impact". Dismiss The reason for the plaintiff's "video is also a small part, but not the main reason."

In the recording material, the manager also said that the reason for the dismissal was not that the "video" was concerned about the overreaction of the parties. Under the questioning of "Dong Ma", Li acknowledged the "company's view that the video exposure will affect the image of the company".

However, in the court hearing, the defendant company did not recognize the authenticity, legality and relevance of the recording. The defendant company said that the reason for the relationship between the company and the plaintiff should be based on the resignation application, rather than the sexual orientation. In addition, homosexual and gay Related videos are two different things to spread on the Internet.

Moyi told reporters yesterday that the reason for the dismissal was "customer complaints" and "violation of relevant regulations".

The court of first instance held that the defendant had issued the plaintiff to the plaintiff. wages For the plaintiff to buy social insurance, that is, the defendant is the actual employment unit, so the defendant "decoration art" company is suitable defendant.

In view of the key recording evidence, the court held that the plaintiff failed to provide other evidence to support the fact that the defendant did not recognize his authenticity. The court was unable to confirm whether the above dialogue records were actually carried out between the plaintiff and the defendant. Therefore, the validity of the above record information is not acceptable.

The court said that even if the plaintiff provided authentic and reliable recording materials, it was still unclear whether the plaintiff was a homosexual or whether the plaintiff's online video influenced the company's image. Therefore, the court dismissed the plaintiff's claim.

Mu Yi told reporters 22 days ago that after being dismissed by the original company, he has found a new job and has no worries about his livelihood at present. "I still have a glimmer of hope for the second instance." Li, manager of the defendant company, told reporters yesterday that the court had made a fair decision and no response was made.