Legislator Case Law & Legislation
I PKN 5/98 AI generated

Supreme Court dismisses appeal; labor court cannot transform wrongful dismissal into mutual agreement.

Case Number I PKN 5/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court judgment that upheld a wrongful dismissal. The plaintiff admitted to falsifying construction records, which constituted a fundamental breach of duty regardless of the employer's financial loss. The court ruled that a labor court lacks the authority to transform a statutory dismissal into a mutual agreement settlement.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; Art. 56 KP: A labor court cannot transform a statutory dismissal into a mutual agreement settlement; such transformation requires a separate agreement between parties.

Keywords

AI generated
labor court jurisdiction wrongful dismissal mutual agreement settlement fundamental breach of duty cassation appeal dismissal constructive transformation of contract employee liability

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 KP
Art. 56 KP
Art. 393 § 12 KPC
Art. 98 § 1 KPC

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