Legislator Case Law & Legislation
IV P 18/16 AI generated

Labor court dismisses employee's appeal against disciplinary dismissal for unauthorized absence during rehabilitation leave.

Case Number IV P 18/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the employee's appeal against a disciplinary termination of employment for unauthorized absence during rehabilitation leave. The employee had been on rehabilitation benefits when appointed to a new position, leading the employer to terminate the contract citing abandonment of work. The court found that a mutual agreement to terminate was not established as the employer did not accept the employee's proposal, and the absence constituted a serious breach of duties under labor law.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 k.p.; The court may not presume a mutual agreement to terminate employment without evidence of the employer's consent, and unauthorized absence during rehabilitation benefits constitutes a serious breach justifying disciplinary dismissal.

Keywords

AI generated
disciplinary dismissal rehabilitation leave unauthorized absence mutual agreement termination labor law breach employment contract serious breach of duties

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 k.p.

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