Legislator Case Law & Legislation
I PKN 79/97 AI generated

Temporary appointment dismissal upheld; Art. 8 KP abuse of rights not found absent bad faith or victimization.

Case Number I PKN 79/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a doctor dismissed from a fixed-term position before its expiration. The lower courts ruled that the temporary manager acting as director had the authority to dismiss the employee and that the dismissal did not constitute an abuse of rights under Article 8 of the Labor Code. The Supreme Court agreed, noting that fixed-term appointments do not guarantee job security and that the employer's action was lawful unless driven by bad faith or victimization, neither of which was proven.

Legislator headnote

AI generated

Art. 70 § 1 KP; Art. 8 zd. 1 KP: Dismissal of an employee on a fixed-term contract by a temporary manager does not constitute an abuse of rights unless the employer acted in bad faith or for the purpose of victimizing the employee.

Keywords

AI generated
fixed-term employment abuse of rights temporary manager authority labor code dismissal victimization protection cassation appeal organizational restructuring

Cited Legislation

AI generated
art. 70 § 1 KP
art. 8 zd. 1 KP
art. 4 KP
art. 23 KP
art. 393 § 12 KPC

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