I PKN 387/97
AI generated
Dismissal of cassation: loss of trust due to theft suspicion does not require a final criminal conviction.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after being fired for suspected theft. Although the employee was later acquitted in criminal court, the employer argued that ongoing investigations and the employee's history of selling scrap metal justified the loss of trust. The court ruled that the validity of the dismissal depends on the existence of reasonable suspicion at the time, not on a subsequent criminal conviction.
Legislator headnote
AI generatedArt. 45 § 1 KP; Art. 233 § 1 KPC; The loss of trust justifying dismissal for theft suspicion does not require a final criminal conviction, provided sufficient circumstances exist to justify the employer's doubt.
Keywords
AI generated
loss of trust dismissal
theft suspicion employer
criminal investigation status
reinstatement claim
labor law cassation
Cited Legislation
AI generatedArt. 45 § 1 KP
Art. 233 § 1 KPC
Art. 393 § 12 KPC