Legislator Case Law & Legislation
I PKN 214/98 AI generated

Misappropriation of cash without consent constitutes a serious breach of duties regardless of repayment or others' actions.

Case Number I PKN 214/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal in a dispute over the reinstatement of an employee who repeatedly withdrew cash from the store register without employer consent. Although the employee repaid the funds and other staff had similar practices, the court found these factors irrelevant to the severity of the breach. The decision rested on the conclusion that such unauthorized withdrawals constitute a serious violation of employment duties under Article 52 of the Labor Code.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; Art. 393 § 12 KPC: Misappropriation of funds without employer consent constitutes a serious breach of duties regardless of subsequent repayment or similar conduct by other employees.

Keywords

AI generated
serious breach of duties misappropriation of funds labor code termination reinstatement claim cash register abuse

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 KP
Art. 264 § 2 KP
Art. 265 § 1 KP
Art. 30 § 5 KP
Art. 393 § 12 KPC
Art. 56 KP

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