Legislator Case Law & Legislation
I PKN 343/97 AI generated

Polish Supreme Court dismissed appeal; multiple unexcused absences and alcohol use justify damages instead of reinstatement.

Case Number I PKN 343/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the plaintiff's cassation appeal against a labor court ruling awarding damages rather than reinstatement. The plaintiff argued that a three-day unexcused absence and alcohol use constituted a severe breach of duty, while the lower court found reinstatement unfeasible due to the employee's prior misconduct and disciplinary record. The court held that the appeal failed to properly justify the application of Article 56 of the Labor Code, as the lower court's decision to award damages was legally sound given the circumstances.

Legislator headnote

AI generated

Art. 56 § 2 KP; Art. 45 § 2 KP: In cases of unjustified termination without notice, if reinstatement is deemed unfeasible or unwise due to the employee's prior misconduct, the labor court may award damages instead of reinstatement.

Keywords

AI generated
Labor Code Article 56 unjustified termination without notice damages instead of reinstatement unexcused absences alcohol use at work cassation appeal dismissal labor dispute procedure

Cited Legislation

AI generated
Art. 56 § 2 KP
Art. 45 § 2 KP
Art. 393 § 3 KPC
Art. 393 § 12 KPC

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