Supreme Court quashes dismissal for gross misconduct, requiring detailed proof of intentional fault and property damage.
Sintesi Legislator
Generato dall'IAThe Supreme Court quashed the lower court's dismissal of the plaintiff's claim to return to work, remanding the case for a new trial. The plaintiff argued that the employer failed to prove his actions constituted gross misconduct under Article 52 of the Labor Code, while the employer contended his management errors caused significant fuel waste. The court held that mere negligence is insufficient; the employer must demonstrate intentional fault or reckless negligence causing specific harm to justify termination without notice.
Regesto Legislator
Generato dall'IAArt. 52 § 1 pkt 1 KP; Art. 477 § 2 KPC; Termination of employment contract without notice requires proof of intentional fault or reckless negligence causing specific harm to the employer's interests or property, not merely ordinary negligence.