Legislator Case Law & Legislation
II UKN 244/97 AI generated

Failure to question illegal orders by a manager justifies dismissal under Polish Labor Code Article 45.

Case Number II UKN 244/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal against her dismissal for failing to question illegal instructions from her former director. The court found that the plaintiff, aware of the budget violation and unauthorized actions, had a duty to object based on her managerial role and professional obligations. Consequently, the court upheld the lower court's decision that blindly executing unlawful orders constituted sufficient grounds for termination.

Legislator headnote

AI generated

Art. 45 § 1 KP; Art. 12 KP; Art. 100 § 1 KP: An employee's failure to question known illegal orders from a superior, despite their duty to protect the employer's interests, constitutes sufficient grounds for dismissal.

Keywords

AI generated
illegal orders managerial duty labor code dismissal employee liability unauthorized actions budget violation cassation appeal

Cited Legislation

AI generated
Art. 45 § 1 KP
Art. 12 KP
Art. 100 § 1 KP
Art. 393 § 12 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text