Fire station No. 24 shift commander of the Aktobe City Emergency Situations Department, Nurbol Uteniyazov, who had worked in the rescue service system for more than 12 years, was dismissed for violating anti-corruption restrictions following an inspection. The court declared the dismissal orders unlawful but refused to reinstate him, considering the violation itself sufficient grounds for terminating the employment contract.
WHAT CAUSED THE DISMISSAL
According to Hronika.kz, an inspection revealed that bets were placed from Nurbol Uteniyazov’s phone with the bookmaker «Olimpbet» totalling 295 thousand 902 tenge. The disciplinary committee deemed this a discrediting act.
In court, representatives of the Department for Emergency Situations (DES) of the Aktobe Region stated that, in accordance with the job description and the commitment to adopt anti-corruption restrictions, the employee was prohibited from participating in the gambling business sphere, including through electronic services.
WHAT VIOLATIONS THE COURT FOUND
During the case review, it emerged that the DES had applied disciplinary action twice for the same offence. The first dismissal order was issued while the employee was on sick leave, after which, following his recovery, a second dismissal occurred.
The court declared both orders unlawful. The ruling notes that the personnel department of the DES of the Aktobe Region did not comply with the requirements of labour legislation when issuing them.
Also during the proceedings, the issue of the job description, which the department presented as a copy, was discussed. According to Nurbol Uteniyazov, he did not sign this document and requested a handwriting examination. The court refused this request.
WHY THE EMPLOYEE WAS NOT REINSTATED
Despite declaring the orders unlawful, the court concluded that the very fact of placing bets from the employee’s phone constitutes a violation of the law and serves as grounds for dismissal.
Nurbol Uteniyazov himself disagreed with this decision. In his opinion, the court’s findings contradict each other, as breaches of the dismissal procedure were officially established.
WHAT THE PLAINTIFF REFERS TO
Nurbol Uteniyazov draws attention to the Normative Resolution of the Supreme Court dated 28 November 2024 No. 1 «On Certain Issues of the Application of Legislation by Courts When Resolving Labour Disputes».
According to the norm he cited, if the court establishes that the disciplinary offence did indeed occur, but the dismissal was carried out in violation of the procedure or deadlines for imposing the disciplinary sanction, the employee may be reinstated at work.
WHY THE CASE ATTRACTED ATTENTION
According to the case materials, the prosecutor’s submission named 72 employees of the regional DES who had also placed bets with bookmakers. However, as Nurbol Uteniyazov claims, dismissal was applied only to him, while the other employees left the service voluntarily.