Supreme Court dismisses appeal withdrawal when employee cannot return to work due to long-term illness.
Legislator summary
AI generatedThe Supreme Court dismissed the appeal withdrawal filed by Barbara D. against a labor court decision rejecting her cassation. The court noted that the employment contract was terminated due to the employee's inability to work for a period exceeding the sick pay duration, and the employer subsequently hired her temporarily to restore her work history. Consequently, the court ruled that withdrawing the appeal did not violate the employee's legitimate interest under Article 469 of the Code of Civil Procedure, as she could not realistically return to her original position.
Legislator headnote
AI generatedArt. 469 KPC; Art. 386 § 3 KPC; Art. 391 KPC; Art. 393 KPC: Withdrawal of an appeal is inadmissible if it violates the party's legitimate interest, particularly when the underlying legal relationship (employment) has been terminated due to the party's inability to work.