Page 313 - วารสารกฎหมาย ศาลอุทธรณ์คดีชํานัญพิเศษ

ฉบับพิเศษ ประจำ�ปี 2564

Doctrine of Employer Condonation

with Some Misconducts of Employees

in Labour Cases

Dr. Manuchest Rojjanasiributr

Judge in the Research Division and Secretary of the Labour Case Division

of the Court of Appeal for Specialized Cases

Abstract

This article aims to present the concept, theory of employer condonation
(Doctrine of Employer Condonation) in labour cases, which have been accepted principle
in the common law system in disputes concerning the dismissal of the offending

employee, since 1889. This theory was intended to prevent employers from terminating
employees for misconducts that employers had not paid attention to, or had already

forgiven employees, to provide more fairness in disputed cases regarding the dismissal
of offending employees. There were three important elements of the concept of this
theory: the employer has full knowledge of the employee’s misconduct; the employer

is too late for the normal period in exercising the right to dismiss the employee or
inordinate delay, that is the employer does not take any actions to terminate the

employee’s employment within a reasonable period of time; and the employer has an
express or implied behaviour to condones that misconduct.
This paper analyzes the concept, theory of employer condonation with some

misconducts of employees in labour cases as cases study scenario. The first one, in the
event that the employee violates the work regulations, rules or orders of the employer

which is lawful and fair, in serious cases which the employer has not immediately
terminated the employment of that employee and the employee has continued to work

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