Supreme Court allows dismissal of contract due to employee's bad faith refusal to follow illegal orders.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland partially allowed the plaintiff's cassation appeal regarding her dismissal from a social assistance center. The court found that while the plaintiff acted in good faith believing her orders were illegal, the employer's decision to terminate her contract was justified by her bad faith and reckless negligence rather than mere error. Consequently, the lower court's ruling dismissing the plaintiff's claim to reinstatement was upheld, affirming that dismissal requires proof of significant fault beyond simple mistaken belief.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 KP; Art. 16 ust. 3 ustawy o pracownikach samorządowych: Dismissal for serious breach of duty requires proof of bad faith or reckless negligence, not merely a mistaken belief that an order serves the employer's interest.