Legislator Case Law & Legislation
I PKN 580/98 AI generated

Supreme Court dismisses appeal; disciplinary penalty requires clear breach definition in employer's written notice.

Case Number I PKN 580/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the defendant's cassation appeal regarding a disciplinary fine imposed on an employee. The employer failed to explicitly define the specific breach of duty in the written notice, merely listing facts without linking them to a prohibited act. Consequently, the court held that the penalty was invalid because the required legal characterization of the violation was absent from the employer's justification.

Legislator headnote

AI generated

Art. 110 Kodeksu Pracy; Art. 393 KPC: A disciplinary penalty is valid only if the employer's written notice clearly identifies the specific breach of duty as the subject of the charge in the explanatory section.

Keywords

AI generated
disciplinary penalty breach of duty employer notice cassation appeal labor law written justification legal characterization

Cited Legislation

AI generated
Art. 110 Kodeksu Pracy
Art. 393 KPC

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