Voluntary absence from work with misconduct can constitute serious breach of duties under Art. 52 § 1 KP even if regulations only allow disciplinary warnings.

The Supreme Court allowed the employee's claim to reinstate him after his contract was terminated for serious breach of duties. The lower court dismissed the case, finding the employee stole fuel and lied to police, but the Supreme Court clarified that even if theft was not proven, bringing large amounts of fuel to the plant without permission and driving it away at night was dangerous and naggant behavior. The court ruled that such conduct violates safety obligations under Art. 211 KP and can justify termination under Art. 52 § 1 KP, regardless of whether the internal regulations classified the act as merely a disciplinary offense.