Employer's right to dismiss is not absolute; unjustified dismissal can be challenged under Art. 45 § 1 KP.

The Supreme Court dismissed the employer's cassation appeal against a labor court ruling that declared the employee's dismissal invalid. The employer argued the dismissal was unjustified due to the employee's poor performance and health issues, while the labor court found the termination valid based on workforce reorganization and performance metrics. The court held that the employer's right to select staff is not absolute and must comply with Art. 45 § 1 of the Labor Code, which allows challenging unjustified dismissals, and confirmed the lower court's reasoned decision was not arbitrary.