Legislator Case Law & Legislation
I PKN 123/97 AI generated

Supreme Court dismisses compensation claim for shortened notice period, requiring employer and employee intent.

Case Number I PKN 123/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially overturned the appellate court's dismissal of a compensation claim regarding a shortened notice period. The plaintiff argued that the employer acted in error, but the court found no evidence of such mistake. Consequently, the case was remanded to the lower court to determine if the employer's intent was required for the shortened notice to be valid.

Legislator headnote

AI generated

Art. 36 § 1 item 1 of the Labour Code; Art. 49 of the Labour Code: A shortened notice period requires the employer's will and awareness, and if not met, the contract terminates after the full period with compensation.

Keywords

AI generated
shortened notice period employer intent requirement employee awareness compensation claim contract termination labour code provisions remand for retrial

Cited Legislation

AI generated
Art. 36 § 1 item 1 of the Labour Code
Art. 49 of the Labour Code
Art. 60 of the Labour Code
Art. 84 § 1 and 88 of the Civil Code
Art. 300 of the Labour Code
Art. 393 § 13 and 15 of the Code of Civil Procedure

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