Legislator Case Law & Legislation
I PKN 428/98 AI generated

Supreme Court dismissed appeal; employer must inform employee of dismissal reasons at contract signing and during employment.

Case Number I PKN 428/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a bank employee seeking reinstatement after termination. The lower court found the dismissal unjustified because the employer cited specific disciplinary violations during the process that were not communicated to the employee at the time of hiring or during the employment relationship. The court ruled that an employer cannot use undisclosed expectations as grounds for evaluation or dismissal, requiring clear communication of job requirements and reasons for termination.

Legislator headnote

AI generated

Art. 30 § 4 Kodeksu pracy; Art. 45 § 1 Kodeksu pracy: An employer must inform the employee of the reasons for dismissal at the time of hiring and throughout the employment period; undisclosed expectations cannot serve as a basis for evaluating work or terminating the contract.

Keywords

AI generated
dismissal reasons notification employment contract requirements undisclosed expectations labor law fairness reinstatement claim disciplinary violations cassation appeal

Cited Legislation

AI generated
Art. 30 § 4 Kodeksu pracy
Art. 45 § 1 Kodeksu pracy
Art. 38 § 1 Kodeksu pracy
Art. 23 ustawy o związkach zawodowych
Art. 393 § 1 Kodeksu postępowania cywilnego

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