I PKN 155/97
AI generated
Employee's refusal to work to force employer response dismissed; damages awarded instead.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the employee's claim for reinstatement and ordered damages. The employee had refused to report to work to compel the Ministry to answer a letter, which the court found was a factual act rather than a legal resignation. Consequently, while the refusal constituted a serious breach justifying termination, the specific intent to quit was absent, leading to a reversal of the dismissal and an award of compensation.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 KP; Art. 65 § 1 KP: An employee's refusal to report to work to force the employer to respond to a letter does not constitute abandonment of work, but may justify termination without notice if it represents a serious breach of duties.
Keywords
AI generated
abandonment of work
serious breach of duties
termination without notice
compensation for damages
labor dispute
employee resignation
procedural reversal
Cited Legislation
AI generatedArt. 52 § 1 pkt 1 KP
Art. 65 § 1 KP
Art. 477 § 2 KPC
Art. 8 KP
Art. 56 § 1 KP
Art. 393 § 13 KPC
Cited Case Law
AI generatedI PRN 49/76
I PRN 38/77
I PRN 144/76