Involuntary negligence during work does not justify immediate dismissal under Polish Labor Code Article 52.
Legislator summary
AI generatedThe Supreme Court dismissed the defendant's cassation appeal regarding the termination of an employment contract. The plaintiff, a promoter, was involuntarily involved in a car accident while transporting colleagues at night, resulting in a criminal fine but not a license revocation. The court held that while such an event constitutes a breach of duty, Article 52 of the Labor Code permits immediate dismissal only for intentional misconduct or gross negligence, not mere involuntary error. Consequently, the court ruled that the employer could have lawfully terminated the contract with notice instead.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1, 2 KP; Art. 393 § 12 KPC: Involuntary negligence during work duties does not justify immediate dismissal without notice under Article 52 of the Labor Code, as such errors are inherent to employment risks and constitute only a breach of obligations.