Legislator Case Law & Legislation
I PKN 34/98 AI generated

Supreme Court dismissed appeal; employer's dismissal based on conviction was lawful under Labor Code.

Case Number I PKN 34/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal seeking reinstatement after her employer terminated her contract due to a criminal conviction. The court found the employer's decision lawful because the conviction for damages to the company was a valid ground for dismissal under Article 52 of the Labor Code. Since the lower court correctly applied the law and the facts were undisputed, the Supreme Court ruled that the dismissal was justified.

Legislator headnote

AI generated

Art. 45 § 1 KP; Art. 52 § 1 KP: An employer may terminate a contract based on loss of trust resulting from a criminal conviction if the conviction constitutes a valid ground for dismissal under Article 52 of the Labor Code.

Keywords

AI generated
Labor Code dismissal criminal conviction grounds loss of trust reinstatement appeal Supreme Court cassation

Cited Legislation

AI generated
Art. 45 § 1 KP
Art. 52 § 1 KP
Art. 393 § 1 pkt 1 KPC
Art. 393 § 15 KPC
Art. 393 § 12 KPC

Cited Case Law

AI generated
III PZP 10/85

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