Civil tort claims dismissed when employer termination violates labor law but stays within statutory scope.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal seeking damages for moral and material harm after her employment contract was terminated. Although the lower court found the termination unlawful due to procedural errors, the Supreme Court ruled that such procedural defects do not automatically constitute a violation of personal rights under civil law. The court held that unless the employer's actions exceeded the statutory form of termination to cause harm outside the employment relationship, civil tort provisions regarding personal rights could not be applied.
Legislator headnote
AI generatedArt. 23 KC; Art. 24 KC; Art. 448 KC: A legally defective termination of an employment contract does not constitute a violation of personal rights unless the employer's actions exceed the statutory form and content of the termination act to harm the employee outside the scope of the employment relationship.