Supreme Court dismissed appeal; employee's refusal to receive termination letter did not invalidate one-month notice period.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee against his termination without notice. The employee argued that the employer violated the one-month notice period by sending the termination letter via mail which he never received. The court held that under the Civil Code, a declaration of will is deemed made when the recipient has the real possibility to become acquainted with its content, regardless of whether they actually did so. Consequently, the employee's voluntary refusal to open the mail did not extend the statutory notice period.
Legislator headnote
AI generatedArt. 61 Kodeksu cywilnego; Art. 300 Kodeksu pracy; A declaration of will is deemed made when the recipient has the real possibility to become acquainted with its content, and voluntary failure to receive a mailed termination letter does not extend the statutory notice period.