Legislator Case Law & Legislation
I PKN 148/98 AI generated

Supreme Court dismissed cassation against dismissal of municipal employee for work misconduct and long-term sick leave.

Case Number I PKN 148/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Mirosław P. against his dismissal from a municipal position. The court found that the employer's decision was justified by the employee's long-term sick leave, which rendered his department non-functional, and serious work-related irregularities including unauthorized absences and documentation errors. The court rejected the argument that the employer's failure to use an immediate termination clause invalidated the notice-based dismissal.

Legislator headnote

AI generated

Art. 10 ust. 1 ustawy o pracownikach samorządowych; Art. 45 KP: The employer may terminate the employment contract of a municipal employee based on work-related misconduct or circumstances rendering the position unviable, even if the employee was on long-term sick leave.

Keywords

AI generated
municipal employee dismissal work misconduct justification long-term sick leave cassation appeal dismissal notice period termination organizational restructuring labor law Poland

Cited Legislation

AI generated
Art. 10 ust. 1 of the Act of 22 March 1990 on municipal employees
Art. 45 of the Labour Code
Art. 393 § 12 of the Code of Civil Procedure

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