Supreme Court dismisses appeal, upholding that hiring a replacement does not make reinstatement impossible or pointless under labor law.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a labor court's decision to reject a request for reinstatement. The plaintiff argued that the employer's failure to apply Article 45 § 2 of the Labor Code was an error, while the employer contended that hiring a new employee did not render reinstatement pointless. The court ruled that hiring a replacement is insufficient to deem reinstatement impossible or pointless without further specific circumstances, and since the employer did not raise this issue during the proceedings, the lower court acted correctly.
Legislator headnote
AI generatedArt. 382 KPC; Art. 45 § 2 KP: The Supreme Court may supplement factual findings based on first-instance evidence; hiring a new employee does not automatically render reinstatement impossible or pointless under Article 45 § 2 of the Labor Code.