Supreme Court allows dismissal after prior invalidity ruling based on procedural defects only, not substantive grounds.
Legislator summary
AI generatedThe Supreme Court allowed the employer's second dismissal of the employee, overturning a lower court's order to reinstate him. The employee had previously won a reinstatement case because the employer failed to follow formal procedural rules for group dismissals, but the court found no substantive economic justification for the second dismissal. The court ruled that a prior judgment declaring a dismissal invalid due to procedural flaws does not prevent the employer from using the same economic reasons for a subsequent dismissal.
Legislator headnote
AI generatedArt. 45 § 1 k.p.; Art. 366 k.p.c.; Art. 393 § 1 k.p.c.: A final judgment declaring a dismissal invalid solely due to procedural defects does not preclude the employer from dismissing the employee again based on the same substantive economic grounds.