Legislator Case Law & Legislation
I PKN 432/97 AI generated

Supreme Court dismisses appeal; termination notice period starts when management learns of employee misconduct.

Case Number I PKN 432/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 52 § 2 KP
Art. 3 § 1 pkt 1 KP
Art. 393 § 12 KPC

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