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The complainant claimed that he was dismissed by the factory on 16th December 2016. Another worker filed a complaint about him on 14th or 15th December related to abusive language. No other workers who might have observed the complainant were interviewed by management to verify the complaint. The complainant claimed that this allegation was incorrect, but he wrote an apology letter nevertheless as management requested it of him and said that he would receive a warning. However, after writing the apology letter, he was dismissed on the same day.
According to the complainant, he was offered a final payment for his pending salary, leave days and one month additional payment. He has not accepted the payment yet as he want to be re-hired. He has been working for the factory since 2004 and claims that no complaints have ever been registered against him previously.
FWF informed Nudie Jeans about the case on 9th January 2017. Nudie Jeans contacted the supplier who shared a statement and several documents (resignation letter, full and final payment, explanation letter by complainant). FWF reviewed the statement and cross-checked information with the consultant.
In 2016, FWF received complaints from several workers of the same factory that claimed they were also dismissed wrongfully. This resulted in an extensive investigation and remediation process that is still on-going.
In a meeting between Nudie Jeans, the factory and FWF in December 2016 on the previous complaint, management stated that they had implemented a termination policy that would include several steps (investigation of allegations including interviewing witnesses, consultation of worker, warning letter if misconduct is repeated, dismissal only after several repetitions).
For this particular case, management stated that they investigated the case and then decided to dismiss the complainant as they found the allegations against him grounded. No details were shared about the nature of the investigation. From the statement of management, it is not clear whether they interviewed other workers, who could confirm the allegations. According to management they offered the complainant to resign (rather than being officially dismissed) so he could more easily find different employment.
Since the complaint against the worker concerned sexual harassment, the case was later discussed in the respective committee, but only after the complainant had already been dismissed/resigned.
The complainant denies that he harassed his co-worker and claims he only signed the explanation letter in order not to get dismissed.
Based on the information collected so far, FWF is unable to conclude whether legal procedures where followed in the dismissal/termination of the complainant.
In order to finalise the investigation, FWF proposed a meeting between the complainant and factory management mediated by FWF. Management did not agree to the proposal as they felt they had followed all relevant procedures. Nudie Jeans has tried to discuss this complaint, but the factory management is still not open to have a meeting with FWF about it.
The factory denied acting on the remediation steps proposed by Fair Wear and Nudie Jeans neither did it agree to meet Fair Wear country representative to discuss the matter further. Since the brand has extremely low leverage in this factory it is unable to put any kind of pressure to follow the remediation steps. In this context the complaint can be deemed closed.
In light of the above facts this complaint is deemed closed.