Legislator Case Law & Legislation
I PKN 77/97 AI generated

Polish Supreme Court dismissed appeal; refusal to sign job scope justified dismissal under Labor Code.

Case Number I PKN 77/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the plaintiff's cassation appeal against a labor court ruling that reinstated him to work. The plaintiff argued that the employer's refusal to accept his signature on the job scope and regulations constituted a valid ground for termination. The court held that while the employer could cite additional reasons for dismissal, the primary issue was the timing of the alleged absences relative to the termination notice. Consequently, the court found the lower court's reasoning flawed regarding the sequence of events and the validity of the dismissal grounds.

Legislator headnote

AI generated

Art. 32, Art. 38 § 1, Art. 45 § 1, Art. 45 § 2 Kodeksu pracy; The employer may cite additional grounds for dismissal not previously notified to the trade union, provided the main grounds existed before the notice, and post-termination absences cannot justify the termination.

Keywords

AI generated
Labor Code dismissal Job scope acceptance Trade union notification Post-termination absences Cassation appeal dismissal Employment contract termination Additional dismissal grounds

Cited Legislation

AI generated
Art. 32 Kodeksu pracy
Art. 38 § 1 Kodeksu pracy
Art. 45 § 1 Kodeksu pracy
Art. 45 § 2 Kodeksu pracy
Art. 393 § 15 Kodeksu postępowania cywilnego

Cited Case Law

AI generated
V PZP 6/77
III PZP 10/85

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