非法解僱訴訟係我國勞動訴訟中重要類型之一。惟司法實務上，其裁判費之繳納形成勞工提起此類訴訟之經濟負擔，致使一個原本顯有勝訴機會之訴訟，因勞工無力繳納訴訟，而放棄尋求司法救濟之途徑。為因應法院實務，勞工往往不請求確認僱傭關係存在，祇請求雇主給付工資，以節省訴訟費用。但是勞工採取此種變通之訴訟策略後，復因實務上法院認為請求非法解僱日起至「復職日」之工資係將來給付之訴，訴訟標的不確定，不能准許，常諭知勞工須減縮訴之聲明為言詞辯論終結日止之工資或言詞辯論終結前特定日止之工資，故勞工縱然在本件訴訟獲得勝訴確定判決後，須再循環訴訟，直到勞資爭議解決為止。次者，非法解僱訴訟牽涉雇主行使懲戒權有無合理之限制，勞動基準法第十一條及第十二條規定是否蘊含著「解僱最後手段性原則」。三者，非法解僱訴訟之損害賠償範圍是否僅包括工資，或尚包括健保、勞保、退休金、資遣費或名譽等損失，在我國司法實務上亦是另個問題。本文以台灣士林地方法院八十七年勞訴字第二十號判決為對象，探究上述問題，並援引美、日、德三國之非法解僱法制作參考，期待學界與實務界能重視非法解僱訴訟諸問題。

Claiming on employer's groundless and illegal dismissal litigation (hereinafter referred to as the "Illegal Dismissal Litigation") is an important type of labor litigations in the Republic of China (Taiwan). However, as the statutory court fee is so heavy that an employee cannot afford when he/she initiates a lawsuit against the employer, the employee may, as a result, abandon the said suit even though he/she has good opportunity to win. In response to such heavy court fee, laborers rather demand monthly salaries instead of confirming the existence of relationship of the employment in order to save the statutory court fee in practice. Nevertheless, the R. O.C. Courts still consider the amount of the salaries which a laborer require from the day of Illegal Dismissal to the day of reinstatement in the former office, an action for performance of future obligation, to be indefinite and is not allowed. Therefore, the R.O.C. Courts usually instruct a laborer to reduce his/her claim of adjudication from day of reinstatement to the day of conc1usion of the oral proceeding, or to a particular day before conclusion of the oral proceeding. Under these circumstances, a laborer has to institute circular legal proceedings until the capital—labor dispute has been settled. Secondly, the Illegal Dismissal Litigation involves the issues of whether there is a limitation to the discipline power of an employer, and whether there is a principle of last—means of dismissal under the Article of 11 and Article of 12 of R.O.C. Labor Standards Law. Thirdly, whether the scope of damages of the Illegal Dismissal Litigation merely includes salaries, or also includes the loss of citizen healthy insurance, labor insurance, retirement pay, severance pay or reputation injury. This essay focuses on the judgement of NO.20 of labor litigation of Taiwan Shih–lin District Court (1998),and discusses the said three problems. It also compares the wrongful dismissal litigation of the United States, Japan and Germany with Taiwan counterpart. The author expects the academic and courts will pay more attention to the problems of Illegal Dismissal Litigation.