Legislator Case Law & Legislation
I PRN 2/95 AI generated

Supreme Court dismisses extraordinary review, ruling dismissal of employment contract without notice effective upon delivery.

Case Number I PRN 2/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by the trade union against the lower courts' decision. The plaintiff had been dismissed without notice after refusing to hand over company documents, and the union argued that mere delivery of the dismissal letter was insufficient. The court held that under civil law, the employer's declaration of will becomes effective when the employee has the opportunity to read it, which the plaintiff admitted she did. Consequently, the dismissal was valid, and the lower courts correctly found no need for further evidence.

Legislator headnote

AI generated

Art. 61 k.c.; Art. 300 k.p.: The declaration of will by an employer to terminate an employment contract without notice becomes effective when the employee has the opportunity to become acquainted with its contents, not requiring full understanding of reasons or appeal rights.

Keywords

AI generated
termination without notice declaration of will employment contract effectiveness of notice extraordinary review civil code labor dispute

Cited Legislation

AI generated
Art. 61 k.c.
Art. 300 k.p.
Art. 233 § 1 k.p.c.
Art. 421 § 1 k.p.c.
art. 61 k.c
art. 300 k.p
art. 233 § 1 k.p.c
art. 421 § 1 k.p.c

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