I PKN 191/00
KI-generiert
Supreme Court dismissed appeal; employer's dismissal based on employee's poor availability did not violate social coexistence rules.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal filed by a telephone operator against her dismissal by her employer. The plaintiff argued that selecting her for termination violated social coexistence principles, while the employer contended her frequent, unexcused absences made her less suitable than other candidates. The court ruled that the employer's reliance on 'availability' as a selection criterion was lawful and did not infringe upon social norms.
Legislator-Regeste
KI-generiertArt. 393 § 1 k.p.c.; Employers may lawfully use employee availability as a selection criterion for dismissal without violating social coexistence principles, provided the decision is based on objective facts regarding the employee's ability to fulfill duties.
Schlagwörter
KI-generiert
employee dismissal
social coexistence rules
employee availability
cassation appeal
labor law principles
Zitierte Gesetzesbestimmungen
KI-generiertArt. 393 § 1 k.p.c.