“Golden parachute” as a method of unjustified enrichment

The former head of the joint-stock company, who was dismissed by the shareholders for unsatisfactory work, filed a claim for compensation for early dismissal in the amount of 100 million rubles. The applicant substantiated his claims by the fact that when extending his powers, the meeting of shareholders recorded such compensation in case of early termination of his employment contract. A similar condition was included in the Head’s employment contract. Defending the interests of society, lawyer of “De jure” reminded that it is necessary to be guided by the principle of proportionality of wages and compensation for dismissal in order to avoid violating the General legal principle of abuse of law, and also that the head was dismissed for unsatisfactory work. As a result, the defense was able to prove the nullity of the condition for payment of such substantial compensation, since the lawsuit aimed at unjust enrichment, rather than protecting labor rights.

On March 11, 2020, Simonovsky District Court of Moscow completely refused the Plaintiff to satisfy the claim.  The interests of the joint-stock company were represented by lawyer of MCBA “Bureau of Lawyers “De jure” Jacov Bulut.