There is an employment relationship between an employee and an employer defined by an employment contract. The employment relationship may be terminated on the basis of cancelation. The thesis discusses the topic of separating regular cancellation for misconduct reason and extraordinary cancellation, based on the gravity of the violation. This is a distinction between serious and minor misconduct of employment. ERA-1 does not explicitly provide for a demarcation, and employers find it difficult to separate from each other the size of the violation itself. To make it easier to delimitation seriousness of an infringement, employers can help themselves by examining all the circumstances of the case in each case.
Based on the analysis of selected cases of case law and examination of legal acts, it was found that in practice there is often an incorrect relationship or assessment of the seriousness of the infringement and that employers do not know the real delimitation between the seriousness of the violation. Based on examples of jurisprudence, there are quite a few errors in the gravity of the infringement itself. Errors occur, since not all circumstances of the case are taken into account in the violation. Each circumstance of a case adds its own meaning or value to the violation, which can change the overall view of the violation. A better delimation of the seriousness of the infringement would enable employers to draw a better distinction between the cancellations and thus make it easier for them to give cancellation without errors.
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