Supreme Court dismisses appeal, holding new law applies retroactively to dismiss dismissal without compensation.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal filed by an employee seeking damages equivalent to termination for dismissal. The court held that a new law allowing such claims applies retroactively to dismissals occurring before its effective date. Consequently, the employee's failure to file a timely appeal due to a misunderstanding of their rights was deemed an unjustified delay.
Legislator-Regeste
KI-generiertArt. 69 k.p.; Art. 264 § 2 k.p.; Art. 265 § 1 k.p.; Art. 316 § 1 k.p.c.: The new statutory regulation permitting claims for damages upon dismissal applies retroactively to dismissals preceding its entry into force; however, a failure to appeal within the prescribed term due to a mistaken legal belief, despite proper instruction, constitutes an unjustified delay.