Employee dismissed for redundancy cannot claim invalidity if she discovers pregnancy after termination notice expires.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal seeking reinstatement and back pay after her termination notice expired. Although the employee became pregnant during the notice period, she only learned of her pregnancy in late January and filed her lawsuit in May. The court ruled that the statutory deadline for challenging the dismissal runs from the moment the employee becomes aware of her pregnancy, not from the date of the termination letter. Consequently, the employee's failure to file the suit within the calculated timeframe constituted an unjustified delay, rendering the dismissal legally effective.
Legislator headnote
AI generatedArt. 264 § 1 Kodeksu pracy; Art. 265 § 1 Kodeksu pracy: The period for an employee to file a lawsuit to declare a dismissal invalid runs from the date the employee becomes aware of the pregnancy, not from the date of the termination notice.