Employer dismissed employee without union consultation after negative opinion on termination without notice, violating Art. 38 KP.

The Supreme Court allowed the employee's appeal and cassation, ordering the employer to pay damages for wrongful termination. The employer had initially notified the union of a termination with notice, but after receiving a negative opinion, changed its plan to terminate without notice under Article 53 of the Labor Code. The Court held that this procedural change required a new consultation under Article 38 KP, which the employer failed to conduct. Consequently, the court ruled that the subsequent termination without the required union consultation constituted a violation of the Labor Code, justifying compensation.