Repeated dismissal: the Supreme Court clarified whether an employer can rely on the same grounds and documents

In its ruling of 30 July 2025 in case No. 761/40406/23, the Supreme Court confirmed that dismissal of an employee without following the full procedure after reinstatement by a court is unlawful and constitutes grounds for a new reinstatement.

The Court considered the claim of a deputy director of a state authority who was dismissed in 2022. After being reinstated by a court decision in October 2023, the employer dismissed him again on the basis of the same documents. In practice, the employee was notified of redundancy only two hours before dismissal, was not offered any vacancies, and no new approval was obtained from the competent authority.

The Supreme Court emphasized that once an employee has been reinstated by a court, the employer is obliged to start the redundancy procedure anew. This includes issuing a new personal notice at least two months in advance, offering all available and newly opened vacancies up to the date of dismissal, and obtaining a new approval from the competent authority (if required). Reliance on documents from the previous unlawful dismissal constitutes a violation of labor law.

Therefore, continuing a redundancy procedure after reinstatement is impermissible — all dismissal actions must be repeated in compliance with the Labor Code.