Legislator Case Law & Legislation
I PKN 118/97 AI generated

Employee's actions aiding employer's bankruptcy and asset seizure violate duty of care, justifying dismissal.

Case Number I PKN 118/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's appeal to reinstate his employment after the employer terminated him for supporting actions leading to bankruptcy. The court found that the employee, as a shareholder, voted to seize company assets and file for bankruptcy, violating his duty of care under Article 100 of the Labor Code. Although the employee's actions were legal and non-faulty, the court ruled that such conduct sufficiently justified dismissal as a normal resolution of the labor contract.

Legislator headnote

AI generated

Art. 100 § 2 pkt 5 KP; Art. 45 § 1 KP: An employee's non-faulty and lawful conduct, such as aiding the employer's bankruptcy to seize assets, constitutes a breach of the duty of care and justifies dismissal if the employer has a legitimate interest in terminating the contract.

Keywords

AI generated
duty of care labor contract termination employee loyalty bankruptcy proceedings asset seizure legitimate interest non-faulty conduct

Cited Legislation

AI generated
Art. 100 § 2 pkt 5 KP
Art. 45 § 1 KP
Art. 32 § 1 KP
Art. 393 § 15 KPC

Cited Case Law

AI generated

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