The Court of Cassation in case No. ED/33169/02/22 by its decision of 20.02.2024 gave a new assessment to the termination of the employment contract on the basis of "loss of trust"։
- The principle of special relationship and loyalty between the employee and the employer has been established, according to which, in certain circumstances, the employee must behave reasonably predictable and manifest lawful behavior, loyalty to the employer, prudence and conscientiousness, tact and common sense, contributing to the stability and efficiency of labor relations.
- The loss of trust can also be expressed by performing such an act, that does not constitute a violation of disciplinary rules.
- The employee is obliged to refrain from carrying out activities that discredit and degrade the authority, honor, dignity and goodwill of the organization, its bodies and employees.
- The expression of a critical or accusatory position should be as free from insulting or defamatory comments as possible, which follows from the above-mentioned principles.
- In case of violation of the mentioned and, as a consequence, irreparably breaking the trust between the employer and the employee, the employer has the right to terminate the employment contract on its own initiative.