Legislator Case Law & Legislation
I PKN 486/97 AI generated

Working while on sick leave without contradicting medical advice does not constitute a serious breach of duties.

Case Number I PKN 486/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 52 § 1 KP
Art. 217 § 2 KPC
Art. 393 KPC
Art. 217 KPC

Cited Case Law

AI generated
I PRN 51/91

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