Grassroots lawyers also have spring

Chapter 296 Promote food culture! ?
"Let's start to produce evidence and cross-examination, plaintiff, do you have any new evidence to submit?" Judge Wu asked.

"There is no new evidence." Wang Chuan said.

"Okay, the plaintiff will present evidence!" Judge Wu said.

"The first piece of evidence, the labor contract and dismissal notice between the plaintiff and the defendant, proves that the plaintiff and the defendant have a labor relationship and the defendant was fired by the plaintiff.

The second piece of evidence, the screenshot of Koukou, proves that the plaintiff’s remarks were made in a small group of colleagues and did not spread the said content to the outside world.Moreover, the small group was spontaneously formed by employees of the plaintiff and the five defendants, and it was only for the convenience of chatting in daily life.The proof is over! "Wang Chuan said.

"The defendant cross-examines evidence!" Judge Wu said.

"The authenticity, relevance and legality of the first evidence are recognized.

The authenticity of the second evidence is approved, but the purpose of the proof is not.This evidence does not prove that the plaintiff did not spread inappropriate remarks about the company and its executives. said the woman in her thirties.

Wang Chuan's eyes froze: Damn, how can the employees prove that they didn't spread inappropriate remarks?If the defendant believes that the plaintiff has spread inappropriate remarks, he can provide evidence!
"Defendant, present evidence." Judge Wu said.

"The first piece of evidence, the screenshot of the inappropriate remarks made by the plaintiff, proves that the plaintiff has verbally attacked the company and executives, which has negatively affected the company and the executives themselves.

The second piece of evidence is the reply letter issued by the defendant's trade union agreeing to the termination of the labor relationship between the company and the plaintiff.It proves that the defendant's dismissal of the plaintiff has gone through a legal process.

The third piece of evidence, the defendant’s employee handbook, No. 30 Article 30, paragraph [-], clearly stipulates that employees shall not spread rumors, malicious attacks, or fabricate facts to damage the reputation of the company and others. If the circumstances are serious, they shall be dealt with as major violations of discipline.It proves that the company has regulations on maliciously defaming the company and others, and the plaintiff's behavior is a major violation of discipline. said the woman in her thirties.

"Plaintiff, conduct cross-examination!" Judge Wu looked at Wang Chuan, wanting to hear his defense.

"The first evidence does not recognize that the plaintiff has the right to freedom of speech, and he complained in a small area. There are only six people in the group. Where to eat, which restaurant has delicious food, etc. The purpose of this group is to promote food culture.

Even if the plaintiff made some inappropriate remarks, the people who knew about it were limited to the six of them, and it would not have a serious negative impact on the company and executives at all.

Taking a step back, even if the plaintiff's inappropriate remarks were spread out of the group, it was not the plaintiff's doing. The plaintiff cannot be blamed for all the responsibilities. The responsibility should be borne by the diffuser.

Therefore, the plaintiff did not constitute a major violation! After Wang Chuan finished speaking, he picked up the second piece of evidence.

The young man surnamed Bai blinked his eyes: Wocao!This buddy is eloquent!For the first time, I know that the rice bucket group we set up is to promote food culture!
"The second piece of evidence is not acceptable. The labor union is controlled by people from the company, so we do not approve the reply to the labor union." Wang Chuan said.

"You don't approve of the union's reply letter! That union is not formed by employees of the company, cut it!" The woman in her 30s glanced at Wang Chuan.

Judge Wu sitting above also felt that Wang Chuan's reason was a bit far-fetched.

"We don't accept the third piece of evidence. Although the employee's handbook has the employee's signature and has been publicized, the agreement is too broad. There is no quantitative standard for what constitutes a serious violation of discipline. Do you say a few words, chat, and complain? Is it a major violation?

Obviously, the defendant directly applied the provisions in the employee handbook to dismiss the plaintiff, which is unreasonable and does not conform to the original intention of the employee handbook.Cross-examination is complete! "Wang Chuan said.

"Defendant, where did you get the QQQ screenshots containing the plaintiff's inappropriate remarks?" Judge Wu asked.

"It was forwarded to me by a colleague in the company." The woman in her 30s said.

"Besides the screenshot of Koukou sent to you, have you found similar remarks by the plaintiff elsewhere?" Judge Wu asked.

"No!" The woman in her thirties hesitated and said.

"Since not, how did you judge that the plaintiff's inappropriate remarks had a serious impact on the company and executives? What evidence do you have to prove the severity of the impact?" Judge Wu asked.

"No...we believe that the plaintiff's remarks in the group are enough to have a serious impact on the company and executives." The woman in her 30s quibbled.

"That is to say, you have no other evidence to prove that the defendant has made similar inappropriate remarks elsewhere?" Judge Wu said.

"Well..., we didn't find any other evidence." The woman in her 30s hesitated, looking a little nervous.

……

"The plaintiff makes a final statement!" Judge Wu said.

"Although the plaintiff made inappropriate remarks, it can be seen from the evidence that he echoed the complaints of other personnel. Although the language was a bit extreme, it was purely a chat after dinner, and it was published in a small group of six people. No matter in terms of motivation or scope, the inappropriate remarks should not be regarded as serious violations of discipline..." Wang Chuan took out the proxy opinion he had prepared and read it aloud.

At the beginning, the female clerk was still taking quick notes seriously, but when she saw the agency opinion in Wang Chuan's hand, she stopped, and was going to ask for the paper version of the agency opinion after Wang Chuan finished reading it.

After the trial, the young man surnamed Bai felt that Wang Chuan did a good job, and offered to invite Wang Chuan to dinner, but Wang Chuan declined.

"Lawyer Wang, do you think we can win?" the young man surnamed Bai asked.

"I can't guarantee this. We have done what we have to do, and the rest depends on how the judge decides. Go back and wait for the news. I have a letter, and I will tell you." Wang Chuan smiled.

The court session started in the afternoon, and after the trial ended at four o'clock, Wang Chuan did not return to the law firm, but went home directly.

When Wang Chuan returned home with a box of instant noodles in his left hand and a plastic bag of ham sausage and mustard in his right, he smelled the aroma of stewed meat before the door was opened!

"Ah Zi, you are back!"

When Wang Chuan entered the room, he saw that Ah Zi was busy heating dishes. There were a lot of stir-fried vegetables in the four convenience lunch boxes, which should have been bought from a restaurant not far from the community.

"Yes! Why did Lawyer Wang come back so early today!" Ah Zi said with a happy face.

"Wang Chuan, come here, help and carry the table over. Today we gather money. This is our first dinner after the Spring Festival!" Liu Hai's voice came from behind Wang Chuan.

"Brother Liu, you're back too!" Wang Chuan said in surprise.

okay!If you don't come back, you don't come back, and when you come back, you all come back. Is this an appointment or what!
Wang Chuan hurriedly put down the instant noodles and plastic bags to help Liu Hai move the tables and chairs.

"Lawyer Wang, give me a few bags of your instant noodles. I didn't make soup, but just made a noodle soup." Ah Zi caught sight of Wang Chuan's instant noodle box on the ground with sharp eyes.

(End of this chapter)