I PKN 423/98
AI generated
Employer dismissed appeal for failing to specify theft as cause for immediate termination under Labor Code.
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal regarding the termination of an employee's contract without notice. The lower courts found insufficient evidence that the employee attempted to steal battery clamps, rejecting the employer's claim. The court ruled that because the employer failed to specify 'theft' as the cause in the written notice to the trade union, they could not later rely on it in court proceedings.
Legislator headnote
AI generatedArt. 30 § 4 KP; Art. 52 § 1 pkt 1 KP: An employer who fails to specify a concrete cause for immediate termination in the written notice to the trade union is barred from invoking that cause in subsequent proceedings.
Keywords
AI generated
Labor Code
Immediate Termination
Written Notice
Trade Union
Cassation Appeal
Burden of Proof
Employment Contract
Cited Legislation
AI generatedArt. 30 § 4 KP
Art. 52 § 1 pkt 1 KP
Art. 393 § 12 KPC
Cited Case Law
AI generatedI PRN 86/80
I PR 13/81