Legislator Case Law & Legislation
I PKN 576/98 AI generated

Labor law: Termination date for notice period must be based on the stated cause, not later events.

Case Number I PKN 576/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employer against a labor court judgment. The employer argued that the employee violated the notice period by failing to return a TV and sign a settlement, events that occurred after the termination date. The court ruled that the notice period must be calculated from the date of the specific breach cited in the employer's written notice of termination, which was the unauthorized purchase and private use of the television. Consequently, the employer's claim that the statutory notice period was violated was rejected because the relevant event had occurred well before the termination. The appeal was rejected as the lower courts correctly applied the law regarding the scope of the termination notice.

Legislator headnote

AI generated

Art. 52 § 2 KP; Art. 30 § 4 KP: The time limit for notice of termination must be calculated from the date of the specific breach cited in the employer's written notice, excluding subsequent events not mentioned in that notice.

Keywords

AI generated
labor law termination notice period calculation scope of written notice unauthorized purchase cassation appeal dismissal

Cited Legislation

AI generated
Art. 52 § 2 KP
Art. 30 § 4 KP
Art. 56 § 1 KP
Art. 233 § 1 KPC
Art. 382 KPC
Art. 328 § 2 KPC
Art. 393 § 12 KPC

Cited Case Law

AI generated
I PRN 86/80

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