Legislator Case Law & Legislation
I PKN 353/98 AI generated

Employer's termination for alleged theft is not tortious even if the theft was later proven false.

Case Number I PKN 353/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 24 § 1 KC
Art. 52 § 1 pkt 2 KP
Art. 300 KP
Art. 393 KPC

Cited Case Law

AI generated

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