I PKN 191/00
Généré par l'IA
Supreme Court dismissed appeal; employer's dismissal based on employee's poor availability did not violate social coexistence rules.
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by a telephone operator against her dismissal by her employer. The plaintiff argued that selecting her for termination violated social coexistence principles, while the employer contended her frequent, unexcused absences made her less suitable than other candidates. The court ruled that the employer's reliance on 'availability' as a selection criterion was lawful and did not infringe upon social norms.
Regeste Legislator
Généré par l'IAArt. 393 § 1 k.p.c.; Employers may lawfully use employee availability as a selection criterion for dismissal without violating social coexistence principles, provided the decision is based on objective facts regarding the employee's ability to fulfill duties.
Mots-clés
Généré par l'IA
employee dismissal
social coexistence rules
employee availability
cassation appeal
labor law principles
Dispositions légales citées
Généré par l'IAArt. 393 § 1 k.p.c.