Czech Republic: Can Inadequate Soft Skills Lead to a Lawful Termination? Insights from the Czech Supreme Court’s Ruling

Author: Klára Sleglova

In a recent decision (21 Cdo 3366/2022), the Czech Supreme Court shed light on the limits of employer power when it comes to dismissing employees based on soft skills. The court ruled that inadequate communication or lack of cooperation can justify dismissal if clear evidence is provided. This case has significant implications for both employers and employees in understanding the boundaries of lawful employment practices.

 

Background

The case in question revolved around the question of whether an employee could be dismissed due to insufficient soft skills, such as poor communication and an inability to collaborate effectively with others. The employer cited these shortcomings as the basis for terminating the employee’s contract. The court, however, ruled that the dismissal was lawful, as the employer was able to present sufficient evidence supporting the claims of inadequate soft skills. Moreover, the court stressed the importance of giving employees the opportunity to improve, including offering support like training, before resorting to termination—an opportunity the employer had already provided.

 

What does this ruling mean for employers?

This ruling serves as a reminder to employers that soft skills, while vital in many professions, must be measured and documented carefully before being used as grounds for termination. Simply claiming that an employee lacks certain interpersonal skills is not enough. Employers must have concrete evidence, such as documented instances of poor communication, failure to meet specific expectations, or instances where teamwork led to organisational failure.

 

Key takeaways

Ultimately, the decision in case 21 Cdo 3366/2022 reinforces the idea that dismissals based on soft skills may be valid if grounded in objective evidence. Employers should be cautious when evaluating employee performance in areas like communication and teamwork, ensuring that any decision to terminate an employment contract is well-documented and justified.

Key Action Points for Human Resources and In-House Counsel

• Soft skills deficiencies require clear, documented evidence for termination.
• Employers must substantiate claims with specific instances of performance issues.
• Subjective assessments of soft skills cannot justify dismissal.