Legislator Case Law & Legislation
I PKN 528/98 AI generated

Supreme Court dismisses dismissal due to kinship with shareholders, requiring objective trust loss proof.

Case Number I PKN 528/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 45 KP
Art. 100 KP
Art. 11 KP
Art. 393 § 1 KPC

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text