Legislator Case Law & Legislation
I PKN 211/98 AI generated

Supreme Court dismisses appeal: bankruptcy does not suspend reinstatement claims; employer fault depends on accepted workplace customs.

Case Number I PKN 211/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal regarding a claim for reinstatement to work. The employer argued that the employee's unauthorized absences and vacation usage constituted a serious breach warranting dismissal, while also claiming bankruptcy should have suspended the proceedings. The court held that the employee's actions were consistent with accepted workplace customs, negating significant fault, and that a reinstatement claim does not enter the bankruptcy estate, thus no suspension was required.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; Art. 174 § 1 pkt 4 KPC: Employer fault is not significant if conduct aligns with accepted customs; reinstatement claims do not enter bankruptcy estate, precluding automatic suspension of proceedings.

Keywords

AI generated
workplace customs significant fault bankruptcy suspension reinstatement claim serious breach labor dispute cassation appeal

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 KP
Art. 174 § 1 pkt 4 KPC
Art. 233 KPC
Art. 316 § 1 KPC
Art. 393 3 KPC
Art. 393 12 KPC
Art. 14 Prawa upadłościowego
Art. 15 Prawa upadłościowego
Art. 64 Prawa upadłościowego
Art. 45 § 2 KP
Art. 56 § 2 KP

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