Supreme Court held that a manager's services to a competitor violate the duty of care, justifying dismissal without notice.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court set aside the lower court's dismissal of the employer's appeal regarding the termination of a managing director's contract. The employer argued that the director's provision of insurance brokerage services to a competitor and use of company assets constituted a serious breach of duty. The court found the lower court's reasoning insufficient because it failed to properly assess whether these actions violated the specific non-compete agreement and the general duty of care owed by a manager.
Legislator-Regeste
KI-generiertArt. 52 § 2 k.p.; Art. 100 § 2 pkt 4 k.p.; Art. 1011 § 1 k.p.: The term for resolving a contract without notice begins from the employer's receipt of the justification, not the removal from management; services to a competitor violate the duty of care and may justify dismissal; the scope of the non-compete obligation is defined by the parties' will and the manager's primary duty to the company's welfare.