Employee's failure to report illegal energy theft constitutes serious breach of duty, dismissal upheld.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Halina S. against her dismissal for failing to report illegal electricity theft at her workplace. The lower courts initially found the employee unaware of the irregular metering, but the Supreme Court ruled that her position and the significant bill reduction made such ignorance unreasonable. Consequently, the court held that the employee had a duty to inform her employer, and her failure to do so justified the termination of her employment contract.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 KP; Art. 386 § 2 KPC; Art. 365 § 1 KPC; Art. 393 § 1 KPC: An employee's failure to report known illegal activities harming the employer constitutes a serious breach of basic duties, and the Supreme Court will not overturn a lower court's finding of fact without demonstrating a procedural error affecting the outcome.