X P 367/16
AI generated
Court dismissed employee's claim for damages for wrongful dismissal based on intentional breach of duties.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's claim for 8,000 zł in damages for wrongful dismissal without notice. The employer terminated the contract citing a serious breach of duties due to alleged fraud involving falsified production orders and weight discrepancies. The court found the employee's intentional manipulation of records constituted a serious breach, regardless of whether the employer suffered a direct financial loss.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 k.k.; Art. 52 § 1 pkt 1 k.p.; Art. 98 § 1 k.p.c.; Art. 113 u.k.s.c.: A serious breach of basic employee duties is established by intentional misconduct, even if no direct financial loss to the employer is proven.
Keywords
AI generated
wrongful dismissal
serious breach of duties
intentional misconduct
employee fraud
labor law damages
unjust enrichment
labor contract termination
Cited Legislation
AI generatedArt. 52 § 1 pkt 1 k.k.
Art. 52 § 1 pkt 1 k.p.
Art. 98 § 1 k.p.c.
Art. 98 § 3 k.p.c.
Art. 113 u.k.s.c.
art. 56 § 1 k.p
art. 52 § 1 pkt 1 k.p
art. 52 k.p
art. 98 k.p.c
Cited Case Law
AI generatedII PK 13/11
Supreme Court dismisses appeal on theft of work laptop software due to lack of intent to permanently deprive employer of ownership.
III PK 21/10
Supreme Court partially allowed appeal, overturning dismissal of dismissal due to insufficient evidence of duty of care.
II PK 143/11
Supreme Court dismisses appeal, ruling that a union leader's intentional schedule violation warrants dismissal without reinstatement.