I PKN 45/98
AI generated
Supreme Court dismissed cassation; hearing and penalty decision by different persons does not violate Art. 109 § 2 KP.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 109 § 2 Kodeksu pracy
Art. 3 § 1 Kodeksu pracy
Art. 393 § 12 Kodeksu postępowania cywilnego