I PKN 528/98
AI generated
Supreme Court dismisses dismissal due to kinship with shareholders, requiring objective trust loss proof.
Legislator summary
AI generatedThe Supreme Court reinstated the employee to her position after finding the employer's dismissal based solely on her relationship with shareholders was invalid. The employer argued the employee's kinship with management posed a conflict of interest, but the court ruled this was merely a subjective suspicion without objective evidence. Consequently, the court held that the dismissal lacked the specific, proven breach of trust required by law.
Legislator headnote
AI generatedArt. 45 KP; Art. 100 KP: A dismissal based solely on an employee's kinship with shareholders is invalid unless accompanied by objectively proven and rational loss of trust, as mere suspicion or family ties do not constitute a legal ground for termination.
Keywords
AI generated
unjustified dismissal
loss of trust
kinship conflict
shareholder relationship
objective evidence
labor law
subjective suspicion
Cited Legislation
AI generatedArt. 45 KP
Art. 100 KP
Art. 11 KP
Art. 393 § 1 KPC