Legislator Case Law & Legislation
I PKN 161/98 AI generated

Employee's conduct proving intent to resume work justifies employer's failure to issue formal notice within seven days.

Case Number I PKN 161/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the school against a lower court judgment ordering wage payments. The court found that the teacher's actions, including her continued employment as a council member and attempts to enforce the reinstatement order, clearly demonstrated her intent to resume work. Consequently, the employer's failure to issue a formal notice of failure to resume work within seven days was deemed legally sufficient based on these objective behaviors.

Legislator headnote

AI generated

Art. 48 § 1 KP; Art. 3 KP: An employee's conduct sufficiently demonstrating their intent to continue the reinstated employment relationship constitutes a valid response to the employer's failure to issue a formal notice of failure to resume work within seven days.

Keywords

AI generated
labor law reinstatement intent to resume notice period employee conduct casation appeal wage compensation

Cited Legislation

AI generated
Art. 48 § 1 KP
Art. 3 KP
Art. 73 ust. 1 Karty Nauczyciela
Art. 81 § 1 KP
Art. 393 § 12 KPC
Art. 477 § 6 KPC

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