Supreme Court dismissed appeal, ruling reinstatement requires assessing cause, basis, and consequences of termination.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by the employer against a labor court's order to reinstate the employee. The court found that the lower court correctly identified the termination as a retaliatory measure for organizing a press conference without approval, which constituted a serious breach of duties. Consequently, the court held that the employer's claim that reinstatement was unreasonable was unfounded given the specific circumstances and the statutory requirement to evaluate the feasibility and purpose of returning the worker to their position.
Regesto Legislator
Generato dall'IAArt. 45 § 2 Kodeksu pracy; Art. 56 § 2 Kodeksu pracy: The labor court must independently assess the feasibility and purpose of reinstating an employee, considering the cause of termination, the legal basis for dismissal, and potential consequences, rather than granting a choice between reinstatement and damages based on the employee's preference.