Legislator Case Law & Legislation
I PKN 274/97 AI generated

Supreme Court quashes dismissal for gross misconduct, requiring detailed proof of intentional fault and property damage.

Case Number I PKN 274/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the plaintiff's claim to return to work, remanding the case for a new trial. The plaintiff argued that the employer failed to prove his actions constituted gross misconduct under Article 52 of the Labor Code, while the employer contended his management errors caused significant fuel waste. The court held that mere negligence is insufficient; the employer must demonstrate intentional fault or reckless negligence causing specific harm to justify termination without notice.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; Art. 477 § 2 KPC; Termination of employment contract without notice requires proof of intentional fault or reckless negligence causing specific harm to the employer's interests or property, not merely ordinary negligence.

Keywords

AI generated
gross misconduct termination Labor Code Article 52 intentional fault requirement property damage threshold remand for retrial

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 KP
Art. 477 § 2 KPC
Art. 58 KP
Art. 56 KP
Art. 233 § 1 KPC
Art. 328 § 2 KPC
Art. 393 § 13 KPC
Art. 8 KP

Cited Case Law

AI generated
I PRN 111/76

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