Legislator Case Law & Legislation
I PKN 447/98 AI generated

Employer not required to cite legal basis for dismissal; Supreme Court dismisses appeal due to procedural defects.

Case Number I PKN 447/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal against a labor court ruling that found the employee's dismissal valid. The employee argued the employer incorrectly cited Article 43 of the Labor Code, which applies only to pre-retirement age, while the court noted the employer was not obligated to provide a legal basis for termination. Consequently, the court held that the factual findings regarding the employee's medical unfitness for their specific role justified the dismissal despite the incorrect statutory citation.

Legislator headnote

AI generated

Art. 43 ust. 2 k.p.; Art. 393 § 1 k.p.c.: An employer is not obliged to cite the legal basis for dismissal, and a cassation appeal based on the incorrect citation of such a provision is inadmissible if the factual grounds for the dismissal remain unchallenged.

Keywords

AI generated
labor dismissal legal basis requirement incorrect statutory citation medical unfitness cassation inadmissibility

Cited Legislation

AI generated
Art. 43 ust. 2 k.p.
Art. 393 § 1 k.p.c.
Art. 42 k.p.
Art. 231 k.p.
Art. 45 § 1 k.p.

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