Legislator Case Law & Legislation
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.

Case Number I PKN 96/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 52 § 2 KP
Art. 52 § 1 pkt 1 KP
Art. 8 KP
Art. 393 § 11 KPC
Art. 393 § 12 KPC

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