Legislator Case Law & Legislation
I PKN 259/98 AI generated

Supreme Court dismissed appeal where employer terminated drunk worker before union response due to union's non-defense policy.

Case Number I PKN 259/98
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 his dismissal for drunkenness. The lower courts found the employer validly terminated the contract under Article 52 § 1 of the Labor Code, noting the employee left work intoxicated and failed to prove sobriety. Although the employer notified the union before dismissal, the court ruled this did not constitute an abuse of rights because the local union had a standing policy not to defend employees caught drinking on site.

Legislator headnote

AI generated

Art. 52 § 3 KP; Art. 8 KP: Termination before union response constitutes abuse of rights only if the union would have opposed the dismissal; otherwise, the employer's failure to wait is irrelevant.

Keywords

AI generated
abuse of rights labor code termination union notification duty drunkenness at work reinstatement claim

Cited Legislation

AI generated
Art. 52 § 3 KP
Art. 8 KP
Art. 393 § 11 KPC
Art. 393 § 12 KPC

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