Legislator Case Law & Legislation
I PKN 423/98 AI generated

Employer dismissed appeal for failing to specify theft as cause for immediate termination under Labor Code.

Case Number I PKN 423/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 30 § 4 KP
Art. 52 § 1 pkt 1 KP
Art. 393 § 12 KPC

Cited Case Law

AI generated
I PRN 86/80
I PR 13/81

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