Legislator Case Law & Legislation
I PKN 45/98 AI generated

Supreme Court dismissed cassation; hearing and penalty decision by different persons does not violate Art. 109 § 2 KP.

Case Number I PKN 45/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a disciplinary fine imposed by a coal mine. The employee argued that the law required the same person who heard the employee to also impose the penalty, citing Article 109 § 2 of the Labor Code. The court ruled that the statute only mandates a prior hearing before the penalty, allowing the employer to delegate the hearing to another authorized person without violating the law.

Legislator headnote

AI generated

Art. 109 § 2 Kodeksu pracy; Art. 3 § 1 Kodeksu pracy: The Labor Code does not require the same person to hear the employee and impose the disciplinary penalty, provided the hearing precedes the decision.

Keywords

AI generated
Labor Code Article 109 disciplinary penalty procedure hearing requirement delegation of authority cassation dismissal organizational autonomy employee rights

Cited Legislation

AI generated
Art. 109 § 2 Kodeksu pracy
Art. 3 § 1 Kodeksu pracy
Art. 393 § 12 Kodeksu postępowania cywilnego

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