Legislator Case Law & Legislation
I PKN 331/98 AI generated

Employer dismissed appeal; valid dismissal without stated cause allowed if union consulted previously.

Case Number I PKN 331/98
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 employment contract without a stated cause. The lower court had reinstated the employee because the employer failed to provide a reason in the dismissal letter, but the Supreme Court found the employer's actions lawful. The court ruled that since the initial dismissal was properly consulted with trade unions, a subsequent dismissal without a specific reason was permissible under the law.

Legislator headnote

AI generated

Art. 30 § 4 KP; Art. 38 KP: An employer may terminate a contract without stating a cause in a separate letter if the initial dismissal was properly consulted with trade unions, as the obligation to consult does not strictly require repetition if circumstances remain unchanged.

Keywords

AI generated
termination without cause trade union consultation separate dismissal letter reinstatement of employee cassation appeal dismissal

Cited Legislation

AI generated
Art. 30 § 4 KP
Art. 38 KP
Art. 232 KP
Art. 8 KP
Art. 98 KPC
Art. 393 § 1 KPC
Art. 393 § 2 KPC

Cited Case Law

AI generated

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