Supreme Court quashes labor court rulings to restore employee's right to claim damages for wrongful dismissal.
Legislator summary
AI generatedThe Supreme Court quashed the lower court judgments and remanded the case for a new trial regarding an employee's claim for damages after wrongful dismissal. The employee argued that the dismissal notice was invalid because it was issued by an improperly constituted supervisory board rather than the management. The Court held that the management's initial notice effectively terminated the employment contract, making the subsequent board decision legally irrelevant and the dismissal effective from that date. Consequently, the employee had missed the statutory 14-day deadline to file a claim, but the Court applied a protective rule allowing the deadline to be preserved due to the employer's misleading conduct.
Legislator headnote
AI generatedArt. 264 § 2 KP; Art. 200 § 3 KPC: The act of terminating an employment contract by the employer's management is effective even if legally flawed, and the statutory deadline for filing a claim begins from the delivery of that notice, remaining valid even if the case is later transferred to the competent court.