Labor law ruling: employee fault degree does not determine damages; notice period starts upon employer's knowledge of misconduct.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal regarding her wrongful dismissal without notice. The court held that the severity of an employee's fault does not dictate the amount of damages suffered by the employer, but rather relates to the employee's mental state regarding their own actions. Furthermore, the one-month notice period under Article 52 § 2 of the Labor Code began to run only when the employer obtained verified information about the circumstances justifying the dismissal, not merely upon the occurrence of the theft.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 KP; Art. 52 § 2 KP: The degree of an employee's fault does not determine the extent of damages caused to the employer; the one-month notice period for dismissal without notice commences from the date the employer obtains verified information regarding the circumstances justifying the termination.