Legislator Case Law & Legislation
I PKN 3/98 AI generated

Supreme Court dismissed lawyer's appeal for wrongful dismissal based on labor law, not legal profession act.

Case Number I PKN 3/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding her wrongful dismissal from a law firm. The lower courts found that the employer's termination was justified by the plaintiff's repeated lateness, a breach of the employment contract's working hours rather than the specific duties of a lawyer. The Court ruled that Article 19 of the Lawyers Act applies only when a lawyer fails to perform statutory professional obligations, which was not the case here. Consequently, the dismissal was valid under general labor law, and the plaintiff was not entitled to compensation or consultation with the Bar Council.

Legislator headnote

AI generated

Art. 19 ust. 1 ustawy o radcach prawnych z dnia 6 lipca 1982 r.; Art. 393 15 KPC: The provision allowing for dismissal of a lawyer without Bar Council consultation applies exclusively to cases of improper performance of statutory professional duties, not general labor contract breaches.

Keywords

AI generated
lawyer dismissal Labor Code Lawyers Act working hours cassation appeal wrongful termination Bar Council consultation

Cited Legislation

AI generated
Art. 19 ust. 1 ustawy o radcach prawnych z dnia 6 lipca 1982 r.
Art. 393 15 KPC
Art. 18 ust. 1 ustawy o radcach prawnych
Art. 18 ust. 2 ustawy o radcach prawnych
Art. 102 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text