Legislator Case Law & Legislation
I PKN 28/97 AI generated

Polish Supreme Court dismissed most appeal but allowed reinstatement claim due to serious employee duty breach.

Case Number I PKN 28/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland partially dismissed the appeal, rejecting the employer's claim that the employee's letter constituted a serious breach of duty while ordering the reinstatement claim to be remanded. The court found that unsubstantiated accusations of serious crimes against the company president, including bribery and tax evasion, violated the employee's duty of care and good faith. Although the employer argued the letter was merely private correspondence, the court held that presenting such grave unproven allegations to management justified termination without notice.

Legislator headnote

AI generated

Art. 3933 KPC; Art. 328 § 2 KPC; Art. 52 § 1 KP: An appeal must cite grounds and reasoning; unsubstantiated serious accusations of crimes to an employer's leader constitute a serious breach of employee duties justifying termination.

Keywords

AI generated
serious breach of duty termination without notice unsubstantiated accusations labor law appeal good faith obligation remand for reconsideration employee misconduct

Cited Legislation

AI generated
Art. 3933 KPC
Art. 328 § 2 KPC
Art. 52 § 1 KP
Art. 167 KK
Art. 181 KK
Art. 178 § 1 KK
Art. 8 KP
Art. 3938 KPC
Art. 39313 § 1 KPC

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