Supreme Court dismissed cassation, ruling employer's one-month notice period starts only upon discovering the specific reason for dismissal.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by employees seeking reinstatement after their dismissal for causing a shortage. The court held that the one-month notice period under Article 52 of the Labor Code begins only when the employer discovers the specific reason for dismissal cited in their written notice. Consequently, the lower court correctly found that the employer's delay in discovering the medical reasons for the employees' absence did not constitute a procedural violation warranting reinstatement.
Legislator headnote
AI generatedArt. 52 § 2 KP; Art. 8 KP: The one-month notice period for dismissal without notice commences only upon the employer's discovery of the specific reason for dismissal cited in their written notice, limiting the scope of the dispute to those stated reasons.