Supreme Court dismissed cassation, allowing employer to request damages instead of reinstatement under labor law.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee against a lower court's decision to award damages instead of reinstatement. The employee argued that the employer's request for damages exceeded the scope of the appeal, but the court found the employer had explicitly requested such a remedy. Consequently, the court ruled that the lower court's substitution of the primary claim with an alternative one was legally permissible and within the bounds of the appeal.
Legislator headnote
AI generatedArt. 378 § 1 KPC; Art. 45 § 2 KP: When an employer requests dismissal or damages in an appeal, the court may grant the alternative claim of damages even if it differs from the primary request for reinstatement, provided the employer's request does not exceed the scope of the appeal.