I PKN 191/00
Generato dall'IA
Supreme Court dismissed appeal; employer's dismissal based on employee's poor availability did not violate social coexistence rules.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by a telephone operator against her dismissal by her employer. The plaintiff argued that selecting her for termination violated social coexistence principles, while the employer contended her frequent, unexcused absences made her less suitable than other candidates. The court ruled that the employer's reliance on 'availability' as a selection criterion was lawful and did not infringe upon social norms.
Regesto Legislator
Generato dall'IAArt. 393 § 1 k.p.c.; Employers may lawfully use employee availability as a selection criterion for dismissal without violating social coexistence principles, provided the decision is based on objective facts regarding the employee's ability to fulfill duties.
Parole chiave
Generato dall'IA
employee dismissal
social coexistence rules
employee availability
cassation appeal
labor law principles
Disposizioni normative citate
Generato dall'IAArt. 393 § 1 k.p.c.