What Provocation Looks Like
An employer wants to dismiss a specific employee but has no grounds — the person performs well. So conditions are created in which the employee will inevitably “violate” something:
- Impossible assignments. The employee is given tasks with deliberately unrealistic deadlines or insufficient resources — and “non-performance” is recorded.
- Changing job duties without notice. New responsibilities are quietly added to the job description without the employee’s knowledge — then “non-compliance” is documented.
- Artificially creating grounds for absence. The employee is verbally given a day off, which is then recorded as unauthorised absence.
- Intercepting corporate emails. Messages to the employee are deliberately not delivered, then cited as evidence of “untimely response.”
How Courts Classify Provocation
Courts in employment disputes assess the full picture of circumstances, not merely the formal fact of a breach. Indicators of provocation include:
- a breach occurs suddenly in an employee with a previously unblemished record,
- multiple disciplinary sanctions accumulate in a short period,
- the violations relate to tasks that were objectively impossible to complete,
- the employer did not react to similar breaches by other employees,
- the dismissal was preceded by a conflict between the employee and management.
The Supreme Court has repeatedly held: abuse of rights by an employer in applying disciplinary sanctions is itself an independent ground for finding a dismissal unlawful.
What to Do If You Are Being Set Up
Document everything. Record every assignment in writing: “I ask you to confirm in writing the task set at the meeting…” A message in the corporate messenger is sufficient.
Perform tasks to the extent that is objectively possible. Do not arrive at the deadline empty-handed — submit what you completed, with a covering note explaining why the task was only partially fulfilled.
Do not sign breach reports without your comments. When a report is drawn up, you are entitled to write “I disagree with this report” and state your position. This matters in court.
Respond in writing to every sanction. Provide written explanations for every alleged breach, even if it feels futile — the court will assess the completeness of your objections.
Consult a lawyer at the first sign of pressure. The earlier the evidentiary record is assembled, the easier it is to vindicate your rights.
Frequently Asked Questions
How do I prove the employer was deliberately manufacturing grounds to dismiss me? Build an evidentiary record: assignment messages in corporate messengers, orders with unrealistic deadlines, colleagues’ witness statements, and a comparison of how similar breaches by other employees were treated. Courts assess the full picture of circumstances, not just the formal fact of a breach.
What if I already have multiple disciplinary sanctions on record? Prior sanctions make the defence harder, but do not make it impossible. If the court establishes that sanctions were imposed in a context of provocation, it may find the dismissal an abuse of rights and reinstate you.
What is the deadline for bringing a claim? One month from the date of receipt of a copy of the dismissal order (Article 392 of the Labour Code). The period is suspended during illness or other valid reasons for delay.
Is it worth resigning if the pressure is unbearable? Only after consulting a lawyer. A voluntary resignation letter removes your grounds for a wrongful dismissal claim. The alternative is to take sick leave — this gives you time to gather evidence and develop a strategy.
Read Also
- One Day’s Error: How a Procedural Slip in the Dismissal Process Reinstated an Employee
- Absenteeism and Dismissal: The Employer Must Prove Actual Harm
Feel that your employer is deliberately manufacturing grounds to dismiss you? Contact us for a consultation — we help document the situation, build a defence, and represent employees in employment disputes.