Employment contract termination without notice requires establishing the exact date the employer learned of the employee's misconduct.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's judgment dismissing the employee's claim for reinstatement due to procedural errors. The employee was fired for misappropriating funds from the sale of scrap metal, arguing the employer knew of this act in 1998. The court found that the lower courts failed to determine when the employer actually learned of the misconduct, which is a prerequisite for applying the one-month notice period rule. Consequently, the termination was deemed invalid because the employer could not have met the statutory deadline without this factual finding.
Legislator headnote
AI generatedArt. 52 § 2 KP; Art. 393 § 1 KPC: The employer's compliance with the one-month notice period for termination without notice depends on the precise date they became aware of the employee's misconduct, requiring explicit factual findings on this timing.