Legislator Case Law & Legislation
I PKN 211/97 AI generated

Supreme Court dismissed cassation; unauthorized refusal to obey work order constitutes serious breach justifying dismissal.

Case Number I PKN 211/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a paramedic against his dismissal for refusing a work order. The plaintiff argued the order was unauthorized and outside his duties, while the employer contended it endangered patient safety and constituted a serious breach. The court ruled that the refusal was a conscious violation of a lawful duty, creating a grave risk to medical staff and patients, thus validating the employer's decision.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; Art. 393 § 12 KPC: An unauthorized but lawful work order, whose execution endangers significant employer interests, constitutes a serious breach of basic employee obligations justifying dismissal without fault.

Keywords

AI generated
serious breach of duty unauthorized work order dismissal without fault paramedic obligations cassation inadmissible

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 KP
Art. 393 § 12 KPC
Art. 393 § 3 KPC
Art. 130 KPC
Art. 100 § 1 KP

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