Legislator Case Law & Legislation
I PKN 361/97 AI generated

Supreme Court dismisses appeal; separate notice periods apply for each independent ground for termination under Labor Code Art. 52.

Case Number I PKN 361/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after his contract was terminated. The court found that the employer had two independent grounds for termination: gross misconduct and the loss of necessary driving qualifications due to a prior ban. It ruled that the one-month notice period under Article 52 § 2 of the Labor Code runs separately for each distinct ground, and since the employer acted within the limit for the driving ban, the termination was lawful.

Legislator headnote

AI generated

Art. 52 § 1, 2 KP; Art. 23 § 1 KP: The notice period for terminating a labor contract runs separately for each independent ground for termination, commencing only when the employer learns of the specific fact justifying that particular ground.

Keywords

AI generated
Labor Code Art. 52 Notice Period Termination Independent Grounds Gross Misconduct Loss of Qualifications Cassation Appeal Employment Contract

Cited Legislation

AI generated
Art. 52 § 1 KP
Art. 52 § 2 KP
Art. 23 § 1 KP
Art. 393 § 12 KPC

Cited Case Law

AI generated
I PRN 74/76
OSPiUS w Opolu P 143/75

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