About the improperly trained trainee: on the possibility of dismissal in the case of "unsuccessful" mandatory preparation for the legal profession
Abstract
The article deals with the possibility of giving notice of termination to an employee for unsatisfactory work results represented by the fact that the employee (in this particular case public prosecutor or legal trainee) repeatedly fails in the selection procedure for the position of public prosecutor. The author polemises with the judgment of the Supreme Court of the Czech Republic of 31 January 2019, ref.
No. 21 Cdo 2676 / 2018-223, in which the Supreme Court accused the Public Prosecutor's Office, which as an employer terminated employment with the appellant due to failure in a number of selection procedures. The author seeks to answer the question whether the very nature of "preparatory" professions (e.g. legal, notary, judicial or prosecutor trainee etc.) can lead to the employer being entitled to terminate employment if such training has not been "successful", and how this "failure" can be qualified.