Legislator Case Law & Legislation
I PKN 78/98 AI generated

Polish Supreme Court dismissed cassation against dismissal for industrial guard officer working while intoxicated.

Case Number I PKN 78/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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

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