Legislator Case Law & Legislation
I PKN 329/98 AI generated

Supreme Court quashes labor court verdict for retrial due to incomplete evidence assessment regarding employee misconduct.

Case Number I PKN 329/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's decision dismissing the employee's claim for reinstatement and remanded the case for a new trial. The employee had altered her personnel file to change her job title and salary, which the lower courts deemed a serious breach of duty. The Supreme Court found the lower courts failed to comprehensively evaluate evidence, specifically missing a prior employer letter suggesting a mutual agreement on the higher title, and incorrectly assumed the employee sought illegal benefits rather than correcting a clerical error.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; Art. 233 § 1 KPC; Art. 328 § 2 KPC; Art. 391 KPC; Art. 393 § 1 pkt 2 KPC; Art. 393 § 13 § 1 KPC: The court must assess all evidence comprehensively to determine if an employee's alteration of documents constitutes a serious breach of duty; failure to do so requires quashing the verdict and remanding the case.

Keywords

AI generated
serious breach of duty personnel file alteration comprehensive evidence assessment labor law appeal reinstatement claim unintentional error remand for retrial

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 KP
Art. 233 § 1 KPC
Art. 328 § 2 KPC
Art. 391 KPC
Art. 393 § 1 pkt 2 KPC
Art. 393 § 13 § 1 KPC

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