Supreme Court dismisses appeal where an employer's dismissal of an employee is deemed valid due to lack of clear statutory authority rules.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee against his dismissal by a Provincial Medical Doctor. The employee argued that the Provincial Medical Doctor lacked exclusive authority to terminate his employment after the hospital's organizational structure changed, while the opposing party contended that the doctor remained the appointing authority under the Labor Code. The court ruled that because the relevant laws did not clearly define the competent body for dismissal at the time, the dismissal was legally effective, and the employee's silence regarding the matter for over five years constituted tacit confirmation of the action.
Legislator headnote
AI generatedArt. 70 § 1 KP; Art. 393 § 12 KPC: When the law does not clearly specify the competent body to dismiss an employee, a dismissal by an appointing authority is legally effective, and the employee's prolonged silence may constitute tacit confirmation of the dismissal.