Legislator Case Law & Legislation
I PKN 405/97 AI generated

Supreme Court dismissed appeal; employee's sick leave and salary gossip did not justify dismissal under labor law.

Case Number I PKN 405/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal against a labor court decision that upheld an employee's dismissal. The employee was fired for frequent sick leave and for discussing salary information with colleagues, which the employer claimed damaged trust. The court ruled that while the employee had a right to stop working in unsafe conditions, he failed to act reasonably by refusing work and then complaining about pay, thus breaching his duty of care for the employer's interests.

Legislator headnote

AI generated

Art. 210 § 1, 2, 3 KP; Art. 100 § 2 pkt 4 KP: An employee's right to refuse work in dangerous conditions may exceptionally become a subject of their concurrent duty of care for the employer's welfare, and failure to act reasonably in such circumstances can justify dismissal.

Keywords

AI generated
labor law dismissal for cause duty of care sick leave employer's interest reasonable conduct salary secrecy

Cited Legislation

AI generated
Art. 210 § 1 KP
Art. 210 § 2 KP
Art. 210 § 3 KP
Art. 100 § 2 pkt 4 KP
Art. 393 § 12 KPC

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