Legislator Case Law & Legislation
I PKN 370/98 AI generated

Supreme Court dismisses appeal; termination under Art. 70 § 3 KP applies regardless of Art. 52/53 KP grounds.

Case Number I PKN 370/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a labor court judgment. The employee sought various payments, including severance and profit bonuses, after his employment contract was terminated without notice due to serious misconduct under Article 52 of the Labor Code. The court ruled that when a contract is terminated under Article 70 § 3 of the Labor Code, the provisions of that article apply irrespective of whether the specific grounds listed in Articles 52 or 53 actually existed. Consequently, the court held that the termination was legally valid under the specific statutory framework, rendering the employee's claims for additional compensation inadmissible.

Legislator headnote

AI generated

Art. 70 § 3 Kodeksu pracy; Art. 52, 53 Kodeksu pracy: When a labor contract is terminated without notice pursuant to Article 70 § 3 of the Labor Code, the provisions of that article apply regardless of whether the grounds specified in Articles 52 or 53 of the Labor Code actually existed.

Keywords

AI generated
Labor Code Article 70 Termination without notice Serious misconduct Cassation appeal dismissal Labor contract termination Severance payment Profit bonus claim

Cited Legislation

AI generated
Art. 70 § 3 Kodeksu pracy
Art. 52 Kodeksu pracy
Art. 53 Kodeksu pracy
Art. 97 § 2 1 Kodeksu pracy
Art. 393 § 12 Kodeksu postępowania cywilnego

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