Employee Fired For Refusing To Perform At Company’s Annual Dinner, Wins Unlawful Dismissal Ruling

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A company’s annual dinner, typically meant to boost morale, ended in a legal dispute after an employee in Shenzhen was dismissed for refusing to perform at the event.

According to a labour dispute case recently released by the Shenzhen Federation of Trade Unions, an employee surnamed Xiao was asked by company leaders to perform a stand-up comedy act during a Saturday annual dinner. Although management had publicly stated that attendance was not compulsory, Xiao declined the request, citing work commitments.

His refusal reportedly angered company leaders, who felt he had “embarrassed” them. The following day, the company terminated his employment.

The case was later brought before the court, which ruled that the dismissal was unlawful. The court found that the company had overstepped the boundaries of its managerial authority, clarifying that an employer cannot punish or dismiss an employee for refusing non-work-related activities that were not part of contractual obligations.

The ruling reaffirmed legal limits on employers’ use of disciplinary power and underscored that participation in entertainment activities at company events cannot be forced.

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