Dismissed: Employer must prove employee-related reasons for dismissal from board role to deny severance.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal against a lower court ruling awarding severance pay to a former vice-president. The employee argued that her dismissal from the board position constituted a non-employee-related reason for termination under the specific employment termination law. The court held that the burden of proof lies with the employer to demonstrate that the dismissal was based on circumstances affecting the employee, reversing the lower court's incorrect allocation of evidentiary responsibility.
Legislator-Regeste
KI-generiertArt. 8 in conjunction with Art. 10 ust. 1 of the Act on Special Rules for Termination of Employment for Reasons Not Concerning the Employee; the employer bears the burden of proving that dismissal from a board position was caused by employee-related circumstances to deny statutory severance pay.