Legislator Case Law & Legislation
I PKN 164/98 AI generated

Supreme Court dismisses appeal; employer's consent to termination after pregnancy discovery is valid if given post-termination.

Case Number I PKN 164/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a postal carrier seeking reinstatement after her employer terminated her contract for suspected fraud. The court found that the employee failed to provide timely medical proof of pregnancy, preventing the employer from knowing her status before termination. Consequently, the employer's subsequent consent to the termination was deemed legally effective, and reinstatement was barred due to the loss of public trust required for this specific public office.

Legislator headnote

AI generated

Art. 52 § 3 KP; Art. 177 § 1 KP; Art. 8 KP: Consent to termination of a pregnant employee's contract, expressed after the contract's dissolution and without prior knowledge of the pregnancy due to lack of timely medical certification, is valid, but reinstatement is excluded if the employee's actions caused a loss of public trust essential to the public office.

Keywords

AI generated
termination of employment pregnancy certification employer consent postal carrier duties loss of public trust reinstatement exclusion cassation dismissal

Cited Legislation

AI generated
Art. 52 § 3 KP
Art. 177 § 1 KP
Art. 8 KP
Art. 45 § 2 KP
Art. 45 § 3 KP
Art. 177 § 4 KP
Art. 393 § 12 KPC
Art. 384 § 19 KPC

Cited Case Law

AI generated
I PRN 27/75

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