Legislator Case Law & Legislation
I PKN 586/98 AI generated

Employer must prove rejection of employee's disciplinary objection within 14 days to avoid automatic acceptance.

Case Number I PKN 586/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the employee's appeal against a disciplinary fine. The employer argued that the rejection of the employee's objection was valid, but the court found the second-instance court erred in interpreting Article 112 of the Code of Offences against Public Order and Public Morals. The court ruled that the employer must actively reject the objection within 14 days to avoid it being deemed accepted, and the lower court failed to verify this specific procedural requirement.

Legislator headnote

AI generated

Art. 112 § 1 KP; Art. 233 § 1 KPC; The employer must prove the rejection of the employee's objection to a disciplinary sanction within 14 days of its submission to avoid the automatic legal consequence of acceptance.

Keywords

AI generated
disciplinary sanction employee objection 14 day period automatic acceptance rejection proof labor law procedure code of offences

Cited Legislation

AI generated
Art. 112 § 1 KP
Art. 233 § 1 KPC
Art. 393 § 1 KPC

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