Legislator Case Law & Legislation
I PKN 478/98 AI generated

Supreme Court dismisses cassation: employer's error in reading resignation letter does not excuse non-compliance with termination law.

Case Number I PKN 478/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation against a lower court ruling that rejected an employee's claim to reinstatement. The employee argued she acted under a mistake of law regarding the legal effect of her letter, while the employer claimed they misunderstood her intent. The court held that statutory provisions on mistake of will apply only to the declarant, not the recipient, and thus the employer's misunderstanding did not excuse the failure to terminate the contract properly.

Legislator headnote

AI generated

Art. 84 § 1 KC; Art. 300 KP; Provisions on mistake of will apply only to the declarant, not the recipient, and do not excuse the addressee from complying with statutory termination requirements based on their own erroneous understanding.

Keywords

AI generated
mistake of will termination of employment employer's error cassation procedure resignation letter labor law addressee liability

Cited Legislation

AI generated
Art. 84 § 1 KC
Art. 300 KP
Art. 82 KC
Art. 65 § 1 KC
Art. 393 § 12 KPC
Art. 8 KP

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