The conductor harassed the sleeping female passenger,
also kissed the female passenger,
Afterwards, the female passenger posted the incident on Weibo... After the incident, the conductor
The conductor was punished with a demotion and salary reduction.
The conductor believed that the female passenger was "falsely accused" and that his behavior infringed on his reputation, so he sued the female passenger in court. Recently, this case finally came to an end.
train conductor said that the female passenger "fraudulently accused" himself
Zhao Gang (pseudonym) was originally the conductor of the first train conductor of Dalian passenger section .
Zhao Gang said that on August 6, 2017, he worked on the T130 train, and Ms. Yuan took the train that day. After the T130 train arrived at the Dalian Railway Station, Ms. Yuan posted on Weibo that she falsely accused herself of "kissing me" and complained to the Dalian Passenger Transport Section of China Railway Shenyang Bureau Group Co., Ltd., which led to the Dalian Passenger Transport Section of China Railway Shenyang Bureau Group Co., Ltd. being punished for her demotion of herself for salary reduction.
Zhao Gang believes that Ms. Yuan’s behavior seriously damaged her legitimate rights and interests and caused serious consequences, so he sued Ms. Yuan in court, demanding that Ms. Yuan immediately stop infringing on her reputation rights; apologize in person, and eliminate the impact and restore her reputation by publishing an apology letter in the city’s newspaper; at the same time, he asked Ms. Yuan to compensate 5,000 yuan for mental damage compensation.
Female passenger said that the conductor was harassing her
Ms. Yuan did not agree with Zhao Gang's statement of "fraudulent accusation". She said that on August 6, 2017, she took the T130 train from Qiqihar to Dalian and got on the train from Daqing to Dalian. Since she bought tickets temporarily, she only bought station tickets, so she met Zhao Gang while replenishing the tickets. Zhao Gang added WeChat to her on the grounds that it was convenient for her to make up for tickets after borrowing. During the ticket replenishment process, she asked her, "Is it just the same person?" and when arranging the branching time was very long, she arranged her to the middle shop No. 15 of the carriage No. 2 despite the opinions of the female conductor.
"After 12 o'clock in the middle of the night, I was sleeping soundly. Zhao Gang was afraid of disturbing everyone to approach me deliberately. When I was about to speak, Zhao Gang turned my head with his hand and kissed me on the mouth."
Ms. Yuan said that she was very frightened afterwards. The next day, my friend saw that she was in a wrong state and asked her, and she told her about the matter. "I asked Zhao Gang to apologize to me on WeChat. Zhao Gang spoke badly and refused to apologize."
Helplessly, Ms. Yuan complained to Dalian Railway Bureau 12306 on August 8, 2017, and posted an article on her personal Weibo on August 9, 2017. Ms. Yuan said that what she said was purely factual and did not constitute the reputation rights issue pointed out by Zhao Gang. In addition, Ms. Yuan said that she only has 6 followers on Weibo, and the Weibo post was deleted after less than 12 hours. Ms. Yuan believes that Zhao Gang's demotion and salary reduction was a voluntary act, and it was a matter within her company and had nothing to do with her.
After investigation, the female passenger reported the truth, the court found that on August 6, 2017, Zhao Gang applied for a sleeper berth ticket for Ms. Yuan on the T130 train from Qiqihar to Dalian. The next day, Ms. Yuan contacted Zhao Gang on WeChat and took screenshots, then reported the situation through Weibo, and complained to Dalian Passenger Station. Ms. Yuan said that Zhao Gang specially arranged her in the train conductor's special rest car. She woke her up while she was asleep that night, spoke on the pretext of speaking, pressing her head with her hand, kissing her on the mouth, asking Zhao Gang to apologize.
Zhao Gang's work unit investigated and believed that Ms. Yuan's report was true.
After the above incident,
Zhao Gang personally wrote three inspections, claiming that "this matter is bad and caused great losses, but the organization has been helping me solve it. I agree with the organization's handling of it, and I will bear the losses. After the problem occurs, it is too late to regret it. I will listen to the organization and leaders' handling", but he did not respond positively to whether there was any fact of harassing Ms. Yuan.
On August 22 of the same year, the Dalian Passenger Transport Section issued two appointment and removal notices. The first notice gave Zhao Gang the punishment of dismissal. The period of punishment was from August 22, 2017 to August 21, 2019, and all performance wages were exempted from three months; the second notice removed Zhao Gang from his position as conductor, and he was rehired as a conductor, and the salary standard was lowered.
On September 1 of the same year, Zhao Gang applied for a handwritten copy, which read: "I voluntarily transferred from the Dalian passenger transport section to Dalian to work, obey the distribution, and make it easy to get a job and salary."
With the approval of the Shenyang Bureau, the Dalian passenger transport section issued two appointment and removal notices on October 23 of the same year. The first notice removed Zhao Gang from his position as a conductor, and the second notice hired Zhao Gang to study bridge workers and lowered the salary standard.
The lawsuit request of the conductor was rejected
The court held that the complaint filed by Ms. Yuan to Zhao Gang's work unit in this case has been verified and investigated by Zhao Gang's work unit. Although Zhao Gang did not respond positively to whether there was any fact of harassing the defendant, Zhao Gang accepted the unit's handling decision and volunteered to make it easy for Yi Xin. In addition, the WeChat screenshot provided by Ms. Yuan "I did not intentionally" can be determined that Zhao Gang was harassing Ms. Yuan. Ms. Yuan objectively reflected the facts, which caused Zhao Gang to be punished by the unit's demotion and salary cuts, and did not infringe on Zhao Gang's reputation rights.
Jinzhou District People's Court made a first-instance judgment, rejecting all Zhao Gang's lawsuit.
Source | Peninsula Morning Post, 39-degree video
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