Dismissal of cassation: awarding damages instead of reinstatement does not terminate the employment contract.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court's decision to award damages rather than order reinstatement to the employee's former position. The facts show the employer unilaterally changed the employee's role and pay, and the employee submitted a protest letter but failed to explicitly refuse the new terms within the statutory deadline. The court ruled that the employment relationship continued under the new conditions because the employee's silence and continued presence did not constitute a clear refusal to accept the modified terms.
Legislator headnote
AI generatedArt. 42 § 3 KP; Art. 81 § 1 KP: An award of damages in lieu of reinstatement does not terminate the employment contract, but rather continues the relationship under the new conditions unless the employee explicitly refuses the proposed terms within the time limit specified in the law.