Supreme Court dismissed cassation; removing sick leave benefits for window removal did not justify immediate dismissal.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee against a lower court's decision to restore his employment. The employee had removed window frames while on sick leave, leading the employer to terminate his contract immediately and deny sick pay. The court held that the Supreme Court's cassation procedure only allows review of substantive law errors, not procedural defects, and that the employee's actions, driven by life necessity, did not constitute the 'serious fault' required for immediate dismissal.
Legislator headnote
AI generatedArt. 18 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 52 § 1 pkt 1 Kodeksu pracy; Art. 393 Kodeksu postępowania cywilnego: The loss of sick benefits for removing windows while on sick leave does not automatically justify immediate dismissal, as the employee's actions must amount to serious fault rather than mere negligence or life necessity.