I PKN 172/97 AI generated

Supreme Court dismisses cassation on employer's duty to hear employee before terminating contract under Art. 52 KP.

Case Number I PKN 172/97

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 1997-05-19

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against the labor court's decision to terminate her employment contract without prior hearing. The plaintiff argued that the employer violated procedural rules by not hearing her before termination, while the court held that Article 52 of the Labor Code does not mandate such a hearing for immediate termination. Consequently, the court ruled that the statutory provisions cited by the plaintiff were inapplicable to the specific legal basis of the termination.

Legislator headnote

AI generated

Art. 52 § 1 KP; Art. 109 § 2 KP; Art. 389 KP; Art. 228 § 1 KPC; Art. 393 § 1 KPC: The employer is not obliged to hear an employee or inform them of the intention to terminate the employment contract under Art. 52 § 1 KP, and such termination does not require the prior hearing mandated for disciplinary sanctions under Art. 109 § 2 KP.

Keywords

AI generated

termination without notice Labor Code Art. 52 prior hearing requirement cassation procedure immediate dismissal procedural violation employer's obligation

Cited Legislation

AI generated

Art. 52 § 1 KP

Art. 109 § 2 KP

Art. 389 KP

Art. 228 § 1 KPC

Art. 393 § 1 KPC

Art. 393 § 11 KPC

Art. 393 § 3 KPC

Art. 393 § 12 KPC

Supreme Court dismisses cassation on employer's duty to hear employee before terminating contract under Art. 52 KP.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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