Filing a reinstatement suit after the deadline implicitly requests reinstatement of the deadline if the employer failed to notify the employee.
Legislator summary
AI generatedThe Supreme Court partially quashed the lower court's judgment, allowing the employee's claim for reinstatement while remanding the damages claim for retrial. The employee filed a suit to reinstate her employment after missing the statutory appeal deadline, arguing she was never formally notified of her dismissal. The court held that filing the reinstatement suit itself implicitly requests the reinstatement of the missed deadline when the employer failed to provide written notice and legal instructions. Consequently, the court granted the reinstatement claim but sent the damages portion back to the lower court for reconsideration.
Legislator headnote
AI generatedArt. 264 § 1, 2 KP; Art. 265 § 1 KP: Filing a lawsuit for reinstatement after the expiration of the appeal period implicitly requests the reinstatement of that period if the employer failed to notify the employee in writing of the dismissal and the applicable deadlines.