I PKN 27/98
AI generated
Supreme Court dismissed appeal; supervisor must undergo sobriety test to prove fitness for duty.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 52 § 1 pkt 1 KP
Art. 100 § 1 i § 2 pkt 3 KP
Art. 393 § 12 KPC
Cited Case Law
AI generatedI PRN 36/87