Changing dismissal reasons during litigation: guiding case 180

Reported facts

After being told to stop work, Sun was dismissed for alleged absence. During litigation the company added other misconduct grounds not listed in the termination notice.

Published outcome

The appeal court upheld unlawful-dismissal compensation of RMB 18,989.46. Review centred on the notice’s stated grounds, and the company failed to prove the alleged absence.

Limits when comparing your own situation

This does not excuse misconduct. The issue was proof of the actual dismissal ground and whether unrelated reasons could be added afterward.

Questions to prepare for your own situation

• What reason appears in the first termination notice?
• Was I instructed to stop work or prevented from clocking in?
• Which dated notices and responses can I preserve?

These preparation questions are our editorial guidance, not findings in the original case.