Legislator Case Law & Legislation
IV P 237/12 AI generated

Employer dismissed employee after 182 sick days; claim for wrongful dismissal without rehabilitation benefit period rejected.

Case Number IV P 237/12
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the plaintiff's claim for damages regarding the termination of his employment contract without notice. The plaintiff argued that the employer violated the protection period by firing him after 182 days of sick leave, despite having submitted a request for rehabilitation benefits. The court ruled that the statutory protection period ends upon the expiration of the sick pay, not when the rehabilitation benefit application is submitted, allowing the employer to terminate the contract at that time.

Legislator headnote

AI generated

Art. 53 § 1 pkt. 1b k.p.; The employer may terminate the employment contract without notice if the employee's inability to work due to illness exceeds the period of receiving sick pay and the first three months of rehabilitation benefits, and the protection period concludes upon the expiration of the sick pay entitlement.

Keywords

AI generated
termination without notice sick pay period rehabilitation benefits protection period wrongful dismissal employment contract labor law

Cited Legislation

AI generated
Art. 53 § 1 pkt. 1b k.p.

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