Supreme Court dismissed appeal; employee's sick leave and salary gossip did not justify dismissal under labor law.
Legislator summary
AI generatedThe Supreme Court dismissed the appeal against a labor court decision that upheld an employee's dismissal. The employee was fired for frequent sick leave and for discussing salary information with colleagues, which the employer claimed damaged trust. The court ruled that while the employee had a right to stop working in unsafe conditions, he failed to act reasonably by refusing work and then complaining about pay, thus breaching his duty of care for the employer's interests.
Legislator headnote
AI generatedArt. 210 § 1, 2, 3 KP; Art. 100 § 2 pkt 4 KP: An employee's right to refuse work in dangerous conditions may exceptionally become a subject of their concurrent duty of care for the employer's welfare, and failure to act reasonably in such circumstances can justify dismissal.