Employer's unilateral termination consented to by agreement revokes prior unilateral notice of dismissal.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding his reinstatement to employment. The employer had initially issued a unilateral notice of dismissal for the employee's fault but later agreed to a mutual termination agreement. The court held that this subsequent agreement implicitly revoked the earlier unilateral notice, making the employment relationship end via mutual consent rather than unilateral action. Consequently, the lower court's decision to reject the reinstatement claim was legally correct despite flawed reasoning on the specific procedural grounds.
Legislator headnote
AI generatedArt. 52 § 1 k.p.; Art. 56 k.p.: An employer's unilateral declaration of termination of the employment contract is revoked by the employer's subsequent agreement to terminate the contract by mutual consent.