Legislator Case Law & Legislation
I PKN 300/97 AI generated

Polish Supreme Court dismissed appeal; leaving work without cause was not a serious breach due to lack of subjective fault.

Case Number I PKN 300/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal filed by the employer against a labor court judgment. The employer argued that the employee's unauthorized departure from work constituted a serious breach of duties under Article 52 of the Labor Code, justifying immediate termination. The court held that while the employee did leave work without justification, the circumstances and the employee's subjective state of mind precluded classifying the breach as 'serious.' The court emphasized that termination for cause is an exceptional measure requiring proof of significant subjective fault, which was absent here given the specific context of the shift. Consequently, the court upheld the lower court's decision to reinstate the employee and reject the claim for immediate dismissal.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; Art. 57 § 1 KP: Leaving work without justification does not constitute a serious breach of duties if the employee's subjective fault is low, as termination requires proof of significant subjective fault alongside objective wrongdoing.

Keywords

AI generated
serious breach of duties labor code termination subjective fault assessment unjustified absence exceptional termination measure

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 KP
Art. 57 § 1 KP
Art. 393 § 12 KPC

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