Employer may re-terminate employee citing same reasons after court restores employment due to procedural flaws.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal, upholding the employer's right to re-terminate her after a court previously restored her employment due to procedural defects. The lower courts found the employee guilty of repeated errors and gaming at machines, leading to a first termination that was later overturned for violating procedural rules. The Supreme Court ruled that a prior judgment based on procedural violations does not invalidate the factual grounds for a subsequent termination if those grounds remain valid and unassessed.
Legislator headnote
AI generatedArt. 45 § 1 k.p.; A valid court ruling declaring a dismissal ineffective due to procedural defects does not preclude the employer from re-dismissing the employee based on the same substantive grounds, provided those grounds were not previously adjudicated as invalid and remain current.