Legislator Case Law & Legislation
I PKN 538/97 AI generated

Supreme Court dismisses appeal regarding termination reason before new law requiring specific cause for dismissal.

Case Number I PKN 538/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court order reinstating the teacher. The plaintiff argued the employer failed to specify the termination reason under the new Code of Labor Law, while the defendant claimed the general phrase 'lack of discipline' was sufficient given prior written warnings. The court ruled that the statutory obligation to cite a specific reason only applies to terminations occurring after June 2, 1996, and thus the lower court's finding of a procedural violation was incorrect.

Legislator headnote

AI generated

Art. 30 § 4 Kodeksu pracy; Art. 45 § 1 Kodeksu pracy: The obligation to specify the grounds for terminating an indefinite-term employment contract applies only to terminations occurring after the entry into force of the relevant amendment, and prior general references to discipline may suffice if supported by prior written warnings.

Keywords

AI generated
termination of employment lack of discipline Code of Labor Law procedural violation cassation appeal specific grounds unspecified reason

Cited Legislation

AI generated
Art. 30 § 4 Kodeksu pracy
Art. 45 § 1 Kodeksu pracy
Art. 393 § 13 Kodeksu postępowania cywilnego

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