Supreme Court dismisses appeal, awarding damages instead of reinstatement due to conflict with social-economic purpose of labor law.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal against a lower court decision awarding damages in lieu of reinstatement. The plaintiff, a head nurse, sought return to her position after being dismissed for actions threatening hospital management and disrupting workplace order. The court held that reinstating her would violate Article 8 of the Labor Code, which prohibits exercising rights contrary to the social-economic purpose of law, thus prioritizing the hospital's management needs over the employee's wrongful dismissal claim.
Legislator headnote
AI generatedArt. 8 KP; Art. 45 § 1 KP: When reinstatement of an employee would violate the social-economic purpose of labor law due to threats to workplace functioning, the court must award damages instead of ordering reinstatement.