Legislator Case Law & Legislation
I PKN 68/96 AI generated

Employer dismissed appeal; burden of proving employee fault for dismissal lies with employer under Labor Code.

Case Number I PKN 68/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court dismissed the appeal regarding procedural violations but allowed the appeal concerning the substantive dismissal grounds. The plaintiffs sought reinstatement after being fired without notice for causing property damage, while the employer argued the employees were at fault. The court ruled that the employer failed to prove the required level of employee negligence, thus the dismissal was unjustified.

Legislator headnote

AI generated

Art. 6 KC; Art. 52 § 1 KP: The employer bears the burden of proving the employee's fault (intent or gross negligence) necessary to justify dismissal without notice under the Labor Code.

Keywords

AI generated
burden of proof labor code dismissal without notice employee fault gross negligence property damage reinstatement

Cited Legislation

AI generated
Art. 6 KC
Art. 52 § 1 KP
Art. 300 KP
Art. 393 § 12 KPC

Cited Case Law

AI generated

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