Employer dismissed employees for sickness absence; Supreme Court upheld dismissal requiring causal link to serious business interests.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal filed by four long-term employees against their termination for excessive sickness absence. The lower court found the employees to be competent workers and rejected the employer's vague claim of low suitability, while upholding the dismissal based on the causal link between their absences and the company's serious operational interests. The court ruled that an employer must prove a direct connection between specific employee absences and significant business harm, rather than relying on general difficulties in organizing work or hiring temporary staff.
Legislator-Regeste
KI-generiertArt. 45 § 1 KP; Art. 393 § 1 KPC: An employer may terminate a contract for sickness absence only if they prove a causal link between the absence and a violation of their serious business interests, as general organizational difficulties do not suffice.