Legislator Case Law & Legislation
I PKN 503/98 AI generated

Supreme Court allows dismissal of labor contract due to breach of duties despite employer procedural errors.

Case Number I PKN 503/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the plaintiff's appeal regarding the reinstatement of a dismissed employee while rejecting the employer's cassation on the dismissal itself. The court found that the employer's termination was justified by the employee's breach of duties, such as unauthorized absences and blocking telephone lines, even though the employer failed to properly cite the reasons for dismissal under the Labor Code. Consequently, the court ruled that restoring the employee to work was unreasonable given the loss of trust, but the employer's procedural violations did not invalidate the substantive grounds for termination.

Legislator headnote

AI generated

Art. 45 § 2 KP; Art. 30 § 4 KP: The court may deem reinstatement unreasonable if the dismissal is justified by the employee's breach of duties, even if the employer violated procedural rules regarding the termination of the employment contract.

Keywords

AI generated
unreasonable reinstatement justified dismissal employee breach of duties employer procedural error loss of trust Labor Code provisions cassation admissibility

Cited Legislation

AI generated
Art. 45 § 2 KP
Art. 30 § 4 KP
Art. 393 § 1 KPC
Art. 393 § 1 pkt 2 KPC
Art. 328 § 2 KPC
Art. 100 KPC

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text