Supreme Court dismissed cassation, ruling termination justified by employee's poor availability and production disruption.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the plaintiff's cassation appeal against a labor court judgment that rejected her request to be reinstated to work. The plaintiff, a long-term employee, had been repeatedly absent due to illness and childcare, causing significant production disorganization for her team. The court held that the employer's termination was justified because the employee's lack of availability prevented her from fulfilling her duties, and no prior offer of alternative work was legally required. Consequently, the court found no violation of the Labor Code or social norms, upholding the employer's right to terminate the contract.
Legislator-Regeste
KI-generiertArt. 45 § 1 k.p.; Art. 8 k.p.: The employer may terminate the employment contract for reasons concerning the employee or other non-employee factors, and justification is established if at least one reason is valid; prior offer of alternative work is not a prerequisite for lawful termination.