Handling with Employer’s Data and Termination of Employment Law Relationship

If the employee has breached a duty arising out of the legal regulations applicable to the work performed by the employee, the employer may terminate an employment law relationship by giving a notice or by immediate termination. The choice between these two ways of termination depends on the intensity of breach of duty.

The Supreme Court of the Czech Republic dealt in its decision as of 17^th October 2006, Reference Number: 21 Cdo 84/2006,  with a following situation:

Employee of a distrainor let her son into internal premises of the distrainor’s office and let him play PC games on a company PC, although she was prohibited to let anyone into the internal premises of the office. The employer has terminated the employment law relationship by immediate termination.

The courts took into consideration that the employee performed only administrative work, never breached any of her duties and her son used the company PC only to play PC games. Although the employee breached her duties, breach of the duties was not of such intensity to terminate the employment law relationship by immediate termination. Nevertheless, the employer was entitled to give the employee a notice.