Legislator Case Law & Legislation
I PKN 271/98 AI generated

Employer validly dismissed employee for poor performance under selection principle despite formal qualifications.

Case Number I PKN 271/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal against a labor court ruling that upheld the employer's termination. The court found the employer validly exercised the selection principle by dismissing an employee who failed to achieve results comparable to others, despite meeting formal qualification requirements. The decision emphasized that performance evaluation must consider the employer's legitimate interests and the specific goals of the position, such as securing actual client contracts rather than mere contact attempts.

Legislator headnote

AI generated

Art. 45 § 1 KP; Art. 94 pkt 9 KP; Art. 30 § 4 KP; Art. 393 § 12 KPC; Art. 102 KPC: An employer may validly terminate an employment contract under the selection principle if they can foresee that hiring new staff will yield better results, provided the employee fails to achieve performance comparable to others.

Keywords

AI generated
selection principle valid termination performance evaluation labor law casation appeal

Cited Legislation

AI generated
Art. 45 § 1 KP
Art. 94 pkt 9 KP
Art. 30 § 4 KP
Art. 393 § 12 KPC
Art. 102 KPC

Cited Case Law

AI generated

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