Supreme Court allows dismissal of labor contract due to breach of duties despite employer procedural errors.
Legislator summary
AI generatedThe Supreme Court partially allowed the plaintiff's appeal regarding the reinstatement of a dismissed employee while rejecting the employer's cassation on the dismissal itself. The court found that the employer's termination was justified by the employee's breach of duties, such as unauthorized absences and blocking telephone lines, even though the employer failed to properly cite the reasons for dismissal under the Labor Code. Consequently, the court ruled that restoring the employee to work was unreasonable given the loss of trust, but the employer's procedural violations did not invalidate the substantive grounds for termination.
Legislator headnote
AI generatedArt. 45 § 2 KP; Art. 30 § 4 KP: The court may deem reinstatement unreasonable if the dismissal is justified by the employee's breach of duties, even if the employer violated procedural rules regarding the termination of the employment contract.