I PKN 486/97
AI generated
Working while on sick leave without contradicting medical advice does not constitute a serious breach of duties.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a labor court decision that terminated an employee's contract for allegedly serious breach of duties. The employee worked part-time while on sick leave for hypertension, but the work did not contradict medical recommendations or worsen his health. The court held that performing duties according to medical advice precludes a finding of abuse of social benefits or serious breach of obligations.
Legislator headnote
AI generatedArt. 52 § 1 KP; Art. 217 § 2 KPC; Performing work during sick leave without contradicting medical recommendations does not constitute a serious breach of basic employment obligations or abuse of social benefits.
Keywords
AI generated
serious breach of duties
sick leave employment
abuse of social benefits
medical recommendations
labor law termination
Cited Legislation
AI generatedArt. 52 § 1 KP
Art. 217 § 2 KPC
Art. 393 KPC
Art. 217 KPC
Cited Case Law
AI generatedI PRN 51/91