I PKN 68/96
Generato dall'IA
Employer dismissed appeal; burden of proving employee fault for dismissal lies with employer under Labor Code.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the appeal regarding procedural violations but allowed the appeal concerning the substantive dismissal grounds. The plaintiffs sought reinstatement after being fired without notice for causing property damage, while the employer argued the employees were at fault. The court ruled that the employer failed to prove the required level of employee negligence, thus the dismissal was unjustified.
Regesto Legislator
Generato dall'IAArt. 6 KC; Art. 52 § 1 KP: The employer bears the burden of proving the employee's fault (intent or gross negligence) necessary to justify dismissal without notice under the Labor Code.
Parole chiave
Generato dall'IA
burden of proof
labor code
dismissal without notice
employee fault
gross negligence
property damage
reinstatement
Disposizioni normative citate
Generato dall'IAArt. 6 KC
Art. 52 § 1 KP
Art. 300 KP
Art. 393 § 12 KPC