Legislator Case Law & Legislation
I PKN 364/98 AI generated

Employee's unilateral vacation start without employer consent constitutes unjustified absence and valid dismissal grounds.

Case Number I PKN 364/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal seeking reinstatement after his employer terminated his contract due to unjustified absence. The court found that although the employee was not included in the annual vacation plan due to long-term illness, he could not unilaterally decide to start his vacation without the employer's consent. Consequently, the court ruled that his abrupt departure and failure to return to work constituted a serious breach of duties justifying the dismissal.

Legislator headnote

AI generated

Art. 163 § 1 KP; Art. 52 § 1 KP: An employee's right to unused vacation does not grant the right to choose the start date unilaterally; taking vacation without employer consent constitutes unjustified absence and a serious breach of duties.

Keywords

AI generated
unjustified absence serious breach of duties vacation plan employer consent dismissal without notice labor law cassation appeal

Cited Legislation

AI generated
Art. 163 § 1 KP
Art. 52 § 1 KP
Art. 152 § 1 KP
Art. 168 KP
Art. 233 § 1 KPC
Art. 393 § 12 KPC

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