Legislator Case Law & Legislation
I PKN 422/97 AI generated

Unjustified employee absences and poor attendance justify dismissal even if formally excused.

Case Number I PKN 422/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's ruling that declared a dismissal invalid due to the employee's illness. The court found that frequent, long-term absences requiring organizational measures and overtime costs constituted a valid reason for termination, despite the employee's lack of fault. Consequently, the case was remanded for a new trial to properly apply the relevant labor code provisions.

Legislator headnote

AI generated

Art. 32 § 1 pkt 3 KP; Art. 45 § 1 KP; Art. 316 § 1 KPC: Unforeseen, prolonged, and recurring employee absences requiring organizational actions by the employer constitute a justified ground for dismissal, even if the absences were not intentional or formally excused.

Keywords

AI generated
unjustified dismissal employee absences labor code provisions organizational measures remand for retrial labor dispute workplace attendance

Cited Legislation

AI generated
Art. 32 § 1 pkt 3 KP
Art. 45 § 1 KP
Art. 316 § 1 KPC
Art. 393 § 13 KPC

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