I PKN 580/98
AI generated
Supreme Court dismisses appeal; disciplinary penalty requires clear breach definition in employer's written notice.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 110 Kodeksu Pracy
Art. 393 KPC