I PKN 443/97
AI generated
Continuous breach of duty starts the one-month period from the last incident, dismissing the appeal.
Legislator summary
AI generatedThe Supreme Court dismissed the appeal regarding the termination of an employment contract without notice. The plaintiff argued that the employer incorrectly applied the one-month notice period to incidents occurring before the termination date. The court held that continuous breaches of duty, such as repeatedly driving a company vehicle against orders, start the statutory period from the last incident.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 KP; Art. 52 § 2 KP: In cases of continuous breach of employee duties, the one-month period for termination begins from the last incident constituting the breach.
Keywords
AI generated
continuous breach of duty
termination without notice
one month period
last incident rule
labor law termination
Cited Legislation
AI generatedArt. 52 § 1 pkt 1 KP
Art. 52 § 2 KP
Art. 233 § 1 KPC
Art. 393 § 12 KPC
Art. 393 § 3 KPC