Legislator Case Law & Legislation
I PKN 27/98 AI generated

Supreme Court dismissed appeal; supervisor must undergo sobriety test to prove fitness for duty.

Case Number I PKN 27/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal regarding his dismissal for serious breach of duties. The court found that the supervisor, who admitted to drinking the previous day, attempted to bypass a mandatory sobriety test by leaving the workplace before the test could be administered. The court ruled that the employer's reliance on the guard's testimony and the employee's refusal to submit to verification was legally sufficient to prove his unfitness for the safety-critical role.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; Art. 100 § 1 i § 2 pkt 3 KP; Art. 393 § 12 KPC: An employee in a supervisory position must submit to a sobriety test; refusal or evasion of this procedure constitutes a serious breach of duties justifying dismissal.

Keywords

AI generated
supervisory duty sobriety test serious breach dismissal without notice workplace safety

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 KP
Art. 100 § 1 i § 2 pkt 3 KP
Art. 393 § 12 KPC

Cited Case Law

AI generated
I PRN 36/87

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