Supreme Court dismisses appeal, ruling employer must consider prior court order restoring employee to previous job conditions.
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal against a labor court judgment ordering the reinstatement of an employee. The employee had successfully challenged a modified employment terms notice, and the employer subsequently attempted to terminate her contract due to store closure. The court held that the final judgment restoring the employee to her original position must be considered when evaluating the validity of the subsequent termination. Consequently, the employer's claim that the store closure justified the dismissal was rejected because it ignored the binding legal effect of the prior reinstatement order.
Legislator headnote
AI generatedart. 365 § 1 KPC; art. 45 § 1 KP: When an employer issues a final dismissal after a court has already ruled to restore an employee to work, the binding judgment regarding the restoration of previous conditions must be taken into account when assessing the validity of the dismissal.