I PKN 96/98
AI generated
Employer's discovery of price discrepancies before cause is proven does not start the one-month termination period under Art. 52 § 2 KP.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal against the dismissal of her labor contract due to price inflation. The court found that the employer only obtained sufficient information about the misconduct after a second inventory, not during the initial one. Consequently, the one-month statutory period for termination without notice under Article 52 § 2 of the Labor Code had not expired.
Legislator headnote
AI generatedArt. 52 § 2 KP; Art. 52 § 1 pkt 1 KP: Mere suspicion or preliminary price discrepancies do not constitute 'obtaining information' about a serious breach of duties, requiring confirmed facts to trigger the one-month termination deadline.
Keywords
AI generated
Labor Code termination
serious breach of duties
statutory notice period
price discrepancy evidence
labor dispute dismissal
Cited Legislation
AI generatedArt. 52 § 2 KP
Art. 52 § 1 pkt 1 KP
Art. 8 KP
Art. 393 § 11 KPC
Art. 393 § 12 KPC