I PKN 68/96
AI generated
Employer dismissed appeal; burden of proving employee fault for dismissal lies with employer under Labor Code.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 6 KC
Art. 52 § 1 KP
Art. 300 KP
Art. 393 § 12 KPC