Suite. The Northern District Manager of company a. The company's management is responsible for a. To be able to produce goods to customers by efficiently. Responsible for the factory of the company a. But to get back to Chor. The same company the business a. The establishment of the Office in the area of the company's factories by a. a. wife of the marriage has not been registered it's major for Chor. Circumstances of the suite. So antagonistic towards trade and business competition with the employer, which is a. company is violating regulations regarding working with law and justice is a serious case. Company a. Thus terminated it without compensation, according to the protection force, 119 (4), no standard arrangement the sub-lessee in advance in accordance with article 583 lb PT. Wed and not unfair termination in accordance with the Labour Act, the establishment of the Court and force the trial arrangement method section 49.The plaintiff sued the defendant sought to force compensation the amount of 655,220 baht sinchang instead of notice the amount of damage from the 65522 and terminate unfair amount of 3,931,320 baht, with interest rates of 15 percent per year, but the next day from the day the charge until the plaintiff is sufficiently completed.The defendant, asked to lift the charge.Central Labour Court judgment, the defendant paid sinchang instead of notice. The amount of the interest rate percent 65522 THB 7.5 per year number of 655,220 baht in compensation, with an interest rate of 15 percent per year, and pay for the damage from unfair termination amount of 150,000 baht, with 7.5 per cent interest rate per annum interest rate it counts next day Sue until the defendant is to be used, the plaintiff completed.The defendant appealed to the Supreme CourtThe Supreme Court case that labour has a problem must be diagnosed according to the defendant, the plaintiff appealed to the same reasons that were in violation of regulations concerning the operation of the defendant is a serious case, or not in accordance with the regulations on the operation of the defendant. Chapter 7, verse 39 specifies that "employees are involved in private business with the same type or the same employer are considered as a serious mistake," according to the regulations about to do this, employees are involved in private business summary.Specify the same type or the same as the employer to the employee, the information within the employer's business, and to business that could compete with the employer, an employee with a benefit of the advantage of the employer having conflict and may damage unto the employer.The fact that the Labour Court's consideration in halting the Central it appears that defendant, a registered company since February 20 2535 has the purpose of business, production, and distribution of ready mixed concrete by the plaintiff to work until March 14, when the 2537.Rakhet, Chiang Mai, northern Thailand. Later, when the November 17 was established company 2546 Mai neck bird products (2003), a sect with the purpose of manufacturing and selling business for ready mixed concrete, as well as the defendant. There is a large office area is located in the same area, the defendant's factory (factory in Mae Jo. Chiang Mai 3), with a wife who isn't Ms. Amphan registered marriage of the plaintiff is one of the major shareholders number of shares then 9999 June 25 2546. having established the Chiang Mai company limited factory perfect fek home land and commercial real estate still allocated.Pha by the plaintiff as a shareholder in such a company. Therefore, the plaintiff who is Manager of the County North of the defendant. Is responsible for the administration of the defendant, can produce the goods to customers by efficiently and responsibly to the defendant's factory is a factory in Chiang Mai for 3 and 1 independent factories do not care for the benefit of the defendant know that the bird's neck in Chiang Mai?Street products (2003) Ltd. operations manufacture and distribution of ready mixed concrete, as well as the defendant. The establishment of the Office in the same area of the defendant and, Ms. early shareholder in such a company, phan. The plaintiff's circumstances so antagonistic towards the defendant's trade, which is the employer as a business competing against the defendant. Although the plaintiff does not have shareholders in the company, Chiang Mai neck bird street products (2003) manually, but are involved in private business with the same type or the same as the employer is guilty of serious articles about Chapter 7, verse 39. Which the defendant can be terminated according to the regulations regarding work Chapter 9, verse 4, when the plaintiff's action as a violation of the regulations on work with law and justice is a serious case. Defendants do not have to pay compensation given to the plaintiff Act 2541 (1998) labour protection section 119 (4), and is a serious offense for which the defendant would be sacked by the sub-lessee or business, claims, according to the civil and commercial code. Therefore, do not have to pay the defendant, article 583 sinchang instead notice unto all his termination because the plaintiff violated regulations on working with law and justice is surely not a serious case of unfair termination Act established.The Labour Court and the way the trial of labor day, there is no article 49 2522 (1979) eligible for compensation due to unfair termination at the Central Labour Court judgment, the defendant paid sinchang instead of notice. Compensation and damage from unfair termination interest with an unforgettable day, therefore is not valid. The appeal of the defendant fangkhuenJudgment for the plaintiff to sue back.
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