Publication details
Hledání spravedlnosti při posuzování intenzity porušení povinnosti zaměstnancem vyplývající z právních předpisů vztahujících se k jím vykonávané práci
| Title in English | Seeking Fairness in Assessing the Intensity of an Employee's Breach of Duty Arising from Legal Regulations and Relates to His Work Performance |
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| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Keywords | direct attack on the employer's property; indirect attack on the employer's property, intensity of the employee's breach of duty; employee's absence |
| Description | The article focuses on the topic related to the immediate termination of the employment relationship (and the institute of termination of employment relationship) served by the employer to the employee due to a particularly gross violation of obligations under the legal regulations related to the work performed by the employee, specifically on the typified - still often addressed in court practice - situations consisting in direct and indirect attack on the employer's property and in the employee's failure to attend work (in the employee's missing work). The article anticipates situations that have not yet been resolved in settled decision-making practice and explains, based on legal reasoning, how the courts should decide under the given circumstances, while inspiration for the argumentation was also sought in historical legislation and in relevant contemporary conclusions of German doctrine and case law of the Federal Labour Court (Bundesarbeitsgericht). The author has set out to argue why it is appropriate to apply a careful and nuanced approach to the assessment of the intensity of the employee's breach of duty, or to point out that the current state of legal assessment may be regarded as not entirely comprehensive and consistent. For this reason, the article is based on a detailed study of relevant decisions of the Supreme Court and the Constitutional Court (including very recent ones). To find the law more fairly in the future, a concrete view is presented on the analyzed area of de lege lata employment law. |
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