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Case law developments

15 Jun 2012

 The Supreme Court of the Republic of Lithuania ruled that the decision not to return the employee to the job (position) due to the employee conflicts with management and other employees, is not fair and reasonable.

On 11 June 2012 the Supreme Court of the Republic of Lithuania adopted a decision concerning termination of employment contract on the basis of personality traits. The Court ruled that the decision not to return the employee to the job (position), because the employee conflicts with management and other employees, is not fair and reasonable. Thus, the opportunity to return employee to work should be evaluated in relation to other criteria taking into account the nature of the work and the employee’s personality traits by linking them with the proper performance of job functions. Finally, the Court held that employee’s communication with school administration and technical staff is minimum and basically this does not jeopardise teaching duties.
 
More information see the case No. 3K-3-272/2012

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