Supreme Court dismisses termination dismissal due to lack of employee fault and requires consent for vacation leave during notice period.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially overturned the lower court's dismissal of the employee's lawsuit regarding termination and vacation compensation. The court found that the employer's claim of non-cooperation by the employee was insufficient without specific evidence of fault, and the vacation leave during the notice period requires the employee's consent rather than being mandatory. Consequently, the case was remanded for a new factual assessment of the employee's conduct and explicit agreement to take the leave.
Legislator headnote
AI generatedArt. 30 § 4 KP; Art. 45 § 1 KP; Art. 163-166 KP; Art. 168 KP; Art. 170 KP: Termination of employment based solely on lack of cooperation is invalid without proving employee fault, and granting vacation leave during the notice period depends on the employee's consent.