Legislator Case Law & Legislation
I PKN 346/98 AI generated

Employer's unilateral termination consented to by agreement revokes prior unilateral notice of dismissal.

Case Number I PKN 346/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding his reinstatement to employment. The employer had initially issued a unilateral notice of dismissal for the employee's fault but later agreed to a mutual termination agreement. The court held that this subsequent agreement implicitly revoked the earlier unilateral notice, making the employment relationship end via mutual consent rather than unilateral action. Consequently, the lower court's decision to reject the reinstatement claim was legally correct despite flawed reasoning on the specific procedural grounds.

Legislator headnote

AI generated

Art. 52 § 1 k.p.; Art. 56 k.p.: An employer's unilateral declaration of termination of the employment contract is revoked by the employer's subsequent agreement to terminate the contract by mutual consent.

Keywords

AI generated
unilateral termination mutual consent agreement revocation of notice employment contract cassation appeal reinstatement claim implicit revocation

Cited Legislation

AI generated
Art. 52 § 1 k.p.
Art. 56 k.p.
Art. 393 § 12 k.p.c.
Art. 98 k.p.c.
Art. 391 k.p.c.
Art. 108 § 1 k.p.c.

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