Supreme Court dismisses appeal; change in supervisory board does not restart one-month notice period for dismissal.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation appeal against a labor court judgment regarding the validity of a termination without notice. The appellant argued that a change in the supervisory board's composition should have restarted the one-month statutory notice period required for such dismissals. The court held that the notice period begins when the competent organ, specifically the supervisory board, becomes aware of the grounds for dismissal, and a subsequent change in personnel does not reset this timeline.
Legislator headnote
AI generatedArt. 52 § 2 KP; Art. 328 § 2 KPC; The one-month notice period for dismissal without notice commences upon the competent organ's knowledge of the grounds for dismissal, and a subsequent change in the organ's personnel does not restart this period.