Women and Justice: Keywords

The plaintiff was working as an employee of the defendant and had the power to evaluate whether or not probation employees will be working full-time after the probation period. The plaintiff abused that power by asking his subordinate female employees out and if they did not comply the plaintiff would evaluate such female employees in a negative way. The plaintiff also abused its power by asking out applicants who apply for positions with the defendant during the period of time the defendant has to make decisions whether or not the applicants get the positions. The defendant therefore dismissed the plaintiff, which the plaintiff claimed was an unfair dismissal. The Court held that such actions of the plaintiff constitute sexual harassment. Not only do they contradict public morals and customs which are violations of the plaintiff’s obligations regarding the defendant’s rules and regulations, they were affecting the defendant’s personnel management and growth of business by reducing the morale of female employees who refused and were harassed by the plaintiff. The violations of the plaintiff’s obligations regarding the defendant’s rules and regulations were serious. The defendant had the right to dismiss the plaintiff without having to offer the plaintiff a severance pay according to section 119(4) of the Labor Protection Act, B.E. 2541, or pay in lieu of notice, according to section 583 of the Civil and Commercial Code.