The Supreme Court stated, that the employee’s earlier request to be dismissed did not legitimize the termination of the employment contract
The employer had financial and production-related grounds for terminating the contract of one of the three employees that had the same duties. The employer had dismissed A immediately after a long sick leave on the grounds for that seven months earlier A had requested to be dismissed. The employer, B, had not conducted the co-operation negotiations, because B believed that the termination of A’s contract was in accordance with A’s wishes.
However, A claimed that the request to be dismissed was merely a comment expressed in a meeting concerning the poor work atmosphere of the work place, and that she had not literally meant what she had said. A claimed that the termination of her employment contract was illegal and that it was factually grounded on her illness and/or age. A claimed compensation for groundless termination of the employment contract.
The District Court ordered B to pay compensation for neglecting the co-operation negotiations, but dismissed the claim for compensation for groundless termination of an employment contract. A appealed to the Court of Appeal, that accepted the claims concerning the groundless termination of an employment contract.
B then appealed to The Supreme Court, that reinforced the decision of the Court of Appeal. The Supreme Court stated that the termination of A’s employment contract because of earlier general discussion without hearing her at the time of the dismissal was an inappropriate reason for termination of an employment contract. According to the Supreme Court, it was also against the employer’s duty of loyalty. Thus there was no proper and weighty reason to terminate A’s employment contract according to the Employment Contracts Act 7:1. The employer B was obliged to pay compensation for A for the groundless termination of an employment contract.