Legislator Case Law & Legislation
I PKN 287/97 AI generated

Labor dispute dismissed: union letter not wrongful under Civil Code Art. 24 § 1.

Case Number I PKN 287/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding a wrongful dismissal claim based on a letter to a trade union. The plaintiff argued that the employer's assessment of his conduct violated his personality rights under Article 24 of the Civil Code. The court ruled that the employer's actions were lawful because the cited reasons for dismissal objectively related to the employee's job performance and suitability for the position.

Legislator headnote

AI generated

Art. 24 § 1 KC; Art. 393 § 12 KPC: A dismissal is not wrongful under Article 24 of the Civil Code if the reasons cited in a letter to a trade union objectively relate to the employee's job performance and suitability, regardless of the employer's subjective intent or errors in assessment.

Keywords

AI generated
wrongful dismissal personality rights trade union letter objective unlawfulness labor dispute Civil Code employment termination

Cited Legislation

AI generated
Art. 24 § 1 KC
Art. 393 § 12 KPC

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