I PK 258/04
AI generated
Supreme Court dismisses appeal against final dismissal for same cause as prior warning dismissal.
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal regarding the final dismissal of an employee. The court found that the new director issued a final termination based on the identical grounds as a previous warning dismissal by the former director within a short timeframe. The court ruled this constituted an abuse of right and violated the employee's right to know the specific cause for termination under labor law.
Legislator headnote
AI generatedArt. 30 § 4 k.p.; Art. 45 § 1 k.p.: A final dismissal based on the same cause as a prior warning dismissal constitutes an abuse of right and violates the employee's right to a specific reason for termination.
Keywords
AI generated
labor law
final dismissal
warning dismissal
abuse of right
specific cause
employee rights
repeated dismissal
Cited Legislation
AI generatedArt. 30 § 4 k.p.
Art. 45 § 1 k.p.
art. 30 § 4 k.p
art. 45 § 1 k.p
art. 47 § 1 k.p
art. 233 § 1 k.p
art. 217 § 1 k.p.c
art. 217 k.p.c
art. 47 k.p
art. 39315 k.p.c