Employer may contest employee's immediate termination grounds even without filing separate compensation claim.
Legislator summary
AI generatedThe Supreme Court ruled that an employer can challenge the factual basis of an employee's immediate termination under Article 55 § 1 1 of the Labor Code, even if the employer did not file a separate lawsuit for compensation under Article 61 § 1. The employee had notified the employer of termination due to alleged serious breaches of duties, but the employer refused to pay severance and later lost a separate damages suit. The court held that while the termination itself remains valid despite the employee's procedural error, the employer retains the right to contest the factual justification for that termination independently of any compensation claim.
Legislator headnote
AI generatedArt. 55 § 1 1 KP; Art. 61 § 1 KP: An employer may raise a lack of factual grounds for immediate termination by the employee, even if the employer has not filed a separate lawsuit for compensation under Article 61 § 1 KP.