I PKN 432/97
AI generated
Supreme Court dismisses appeal; termination notice period starts when management learns of employee misconduct.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal regarding the validity of his termination without notice. The lower courts found that the employer's management learned of the employee's drunkenness on May 21, 1996, triggering the one-month notice period under Article 52 of the Labor Code. The Court ruled that the notice period commences only when the managing body of the employer organization becomes aware of the misconduct, not when immediate supervisors discover it.
Legislator headnote
AI generatedArt. 52 § 2 KP; Art. 3 § 1 pkt 1 KP: The one-month notice period for terminating a labor contract without notice begins on the day the employer's management or designated person learns of the employee's fault.
Keywords
AI generated
Labor Code
termination without notice
notice period calculation
employer management
employee misconduct
Cited Legislation
AI generatedArt. 52 § 2 KP
Art. 3 § 1 pkt 1 KP
Art. 393 § 12 KPC