Criminal procedure: executing a restorative judgment is deemed complete even if the employer later terminates the employment contract.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee against a judgment that had deprived the enforceability of a court order restoring him to his former job. The employee argued that the employer's subsequent actions, including assigning him to different duties and terminating his contract, proved the original judgment was not executed. The court held that the employer's actions, including the termination, occurred after the legal execution of the restorative judgment, which was deemed complete upon the employer's acknowledgment of the employee's return to his original conditions.
Legislator headnote
AI generatedart. 840 § 1 pkt 2 k.p.c.; art. 385 k.p.c.; art. 398 k.p.c.; The execution of a judgment restoring an employee to their former position is considered complete, even if the employer subsequently assigns different duties or terminates the employment contract.