I PKN 5/98
AI generated
Supreme Court dismisses appeal; labor court cannot transform wrongful dismissal into mutual agreement.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a labor court judgment that upheld a wrongful dismissal. The plaintiff admitted to falsifying construction records, which constituted a fundamental breach of duty regardless of the employer's financial loss. The court ruled that a labor court lacks the authority to transform a statutory dismissal into a mutual agreement settlement.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 KP; Art. 56 KP: A labor court cannot transform a statutory dismissal into a mutual agreement settlement; such transformation requires a separate agreement between parties.
Keywords
AI generated
labor court jurisdiction
wrongful dismissal
mutual agreement settlement
fundamental breach of duty
cassation appeal dismissal
constructive transformation of contract
employee liability
Cited Legislation
AI generatedArt. 52 § 1 pkt 1 KP
Art. 56 KP
Art. 393 § 12 KPC
Art. 98 § 1 KPC