Supreme Court dismissed cassation, upholding lower courts' finding that the employer failed to terminate the employment contract within the statutory one-month period.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the appellant's cassation appeal against a labor court judgment ordering the reinstatement of an employee. The appellant argued that the employer incorrectly calculated the one-month notice period required for termination, claiming the clock should have started later based on new evidence. The court ruled that factual findings made during a properly conducted evidentiary procedure cannot be successfully challenged on cassation and that the employer failed to prove the notice period began after the end of November 1995.
Regesto Legislator
Generato dall'IAArt. 393 § 1 KPC; Art. 233 § 1 KPC; Art. 52 § 1, 2 KP: A cassation appeal cannot be based on questioning facts established in a properly conducted evidentiary procedure, and the statutory notice period for termination must be calculated from the date the employer became aware of the grounds for termination unless proven otherwise.