I PKN 287/97
Generato dall'IA
Labor dispute dismissed: union letter not wrongful under Civil Code Art. 24 § 1.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the plaintiff's cassation appeal regarding a wrongful dismissal claim based on a letter to a trade union. The plaintiff argued that the employer's assessment of his conduct violated his personality rights under Article 24 of the Civil Code. The court ruled that the employer's actions were lawful because the cited reasons for dismissal objectively related to the employee's job performance and suitability for the position.
Regesto Legislator
Generato dall'IAArt. 24 § 1 KC; Art. 393 § 12 KPC: A dismissal is not wrongful under Article 24 of the Civil Code if the reasons cited in a letter to a trade union objectively relate to the employee's job performance and suitability, regardless of the employer's subjective intent or errors in assessment.
Parole chiave
Generato dall'IA
wrongful dismissal
personality rights
trade union letter
objective unlawfulness
labor dispute
Civil Code
employment termination
Disposizioni normative citate
Generato dall'IAArt. 24 § 1 KC
Art. 393 § 12 KPC