Employee's actions aiding employer's bankruptcy and asset seizure violate duty of care, justifying dismissal.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the employee's appeal to reinstate his employment after the employer terminated him for supporting actions leading to bankruptcy. The court found that the employee, as a shareholder, voted to seize company assets and file for bankruptcy, violating his duty of care under Article 100 of the Labor Code. Although the employee's actions were legal and non-faulty, the court ruled that such conduct sufficiently justified dismissal as a normal resolution of the labor contract.
Legislator-Regeste
KI-generiertArt. 100 § 2 pkt 5 KP; Art. 45 § 1 KP: An employee's non-faulty and lawful conduct, such as aiding the employer's bankruptcy to seize assets, constitutes a breach of the duty of care and justifies dismissal if the employer has a legitimate interest in terminating the contract.