I PKN 353/98
AI generated
Employer's termination for alleged theft is not tortious even if the theft was later proven false.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal against the dismissal of her civil claim for damages. Although the employer terminated the contract based on an unproven accusation of theft, the court held that exercising the statutory right to terminate for such a crime is not a tortious act under civil law. Consequently, the employer's action remained lawful regardless of the subsequent criminal investigation results.
Legislator headnote
AI generatedArt. 24 § 1 KC; Art. 52 § 1 pkt 2 KP: The employer's exercise of the statutory right to terminate a labor contract for a crime committed by the employee does not constitute a tortious act under civil law, even if the alleged crime is later proven false.
Keywords
AI generated
termination without notice
labor contract dissolution
employee theft accusation
tortious act exclusion
statutory right exercise
civil liability dismissal
criminal investigation outcome
Cited Legislation
AI generatedArt. 24 § 1 KC
Art. 52 § 1 pkt 2 KP
Art. 300 KP
Art. 393 KPC