Legislator Case Law & Legislation
I PKN 36/96 AI generated

Supreme Court dismissed appeal; employee's refusal to receive termination letter did not invalidate one-month notice period.

Case Number I PKN 36/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
termination without notice one month notice period declaration of will possibility to become acquainted refusal to receive mail labor law notice cassation appeal dismissal

Cited Legislation

AI generated
Art. 61 Kodeksu cywilnego
Art. 300 Kodeksu pracy
Art. 52 § 2 Kodeksu pracy
Art. 393 § 12 Kodeksu postępowania cywilnego

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text