I PKN 78/98
AI generated
Polish Supreme Court dismissed cassation against dismissal for industrial guard officer working while intoxicated.
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the cassation appeal filed by an industrial guard officer against his dismissal for working while intoxicated. The lower courts found that the employee, despite a low blood alcohol level, violated his duty of absolute sobriety required for his safety-critical role. The court ruled that the employer did not need to prove specific intent or gross negligence, as the employee was contractually bound to remain sober and the violation constituted a serious breach of duties.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 KP; Art. 393 § 1 KPC: An employer may dismiss an employee for working while intoxicated without proving specific intent or gross negligence, provided the employee was informed of the strict sobriety requirement.
Keywords
AI generated
dismissal for intoxication
serious breach of duties
industrial guard officer
labor law Poland
cassation appeal dismissal
Cited Legislation
AI generatedArt. 52 § 1 pkt 1 KP
Art. 393 § 1 pkt 1 KPC
Art. 393 § 1 pkt 2 KPC
Art. 393 § 12 KPC
Art. 393 § 3 KPC
Art. 100 § 1 KP