Legislator Case Law & Legislation
I PKN 71/97 AI generated

Employee dismissed for drunk work cannot rely on employer's procedural errors in proving misconduct.

Case Number I PKN 71/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal regarding his dismissal for drunk work. The employee argued that the employer failed to follow internal procedures for investigating his drunkenness, citing a lack of witness testimony and conflicting expert opinions. The court held that while the employer had procedural flaws, the employee's gross violation of duties was clearly established by the facts, preventing him from successfully challenging the dismissal based on those errors.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; Art. 393 § 12 KPC: An employee who grossly violates basic duties cannot effectively rely on the employer's procedural errors in establishing such a violation to avoid dismissal.

Keywords

AI generated
gross violation of duties drunk work dismissal procedural errors defense labor law cassation burden of proof employer

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 KP
Art. 393 § 12 KPC

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