Supreme Court quashes lower court ruling allowing employee to claim reinstatement with new employer after takeover.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the plaintiff's claim against the former employer while leaving the decision against the new employer in place. The plaintiff argued that the takeover of part of her workplace transferred her employment relationship to the new entity, preserving her right to reinstatement. The court ruled that the lower court erred by treating the dismissal as extinguishing the claim against the successor, thereby violating the statutory principle of successor liability.
Legislator headnote
AI generatedArt. 231 § 1, 2 k.p.; Upon transfer of a workplace or part thereof to another employer, the latter automatically becomes a party to the existing employment relationship, and the former and new employers are jointly liable for obligations arising prior to the transfer.