Legislator Case Law & Legislation
I PKN 57/98 AI generated

Supreme Court dismissed appeal due to lack of factual findings on employer's knowledge of employee misconduct.

Case Number I PKN 57/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the plaintiff's claim for damages and correction of employment records. The plaintiff, a hospital director, was fired for serious breach of duty regarding an unauthorized medical equipment purchase, but the employer allegedly learned of this only after a supervisory audit. The court ruled that the lower court failed to establish whether the employer actually knew of the misconduct before termination, violating the principle that the Supreme Court cannot make new factual findings. Consequently, the case was remanded for a proper assessment of the employer's knowledge.

Legislator headnote

AI generated

Art. 52 § 1 KP; Art. 393 § 15 KPC: The Supreme Court is bound by the factual findings of the lower court and cannot remand a case for a new assessment of facts if the lower court failed to determine whether the employer acquired knowledge of the employee's misconduct prior to termination.

Keywords

AI generated
serious breach of duty employer knowledge requirement unauthorized equipment purchase Supreme Court limitations remand for retrial employment termination public procurement rules

Cited Legislation

AI generated
Art. 52 § 1 KP
Art. 393 § 15 KPC
Art. 393 § 13 KPC
Art. 108 in conjunction with Art. 393 § 19 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text