Legislator Case Law & Legislation
III ZP 3/99 AI generated

Employer may contest employee's immediate termination grounds even without filing separate compensation claim.

Case Number III ZP 3/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that an employer can challenge the factual basis of an employee's immediate termination under Article 55 § 1 1 of the Labor Code, even if the employer did not file a separate lawsuit for compensation under Article 61 § 1. The employee had notified the employer of termination due to alleged serious breaches of duties, but the employer refused to pay severance and later lost a separate damages suit. The court held that while the termination itself remains valid despite the employee's procedural error, the employer retains the right to contest the factual justification for that termination independently of any compensation claim.

Legislator headnote

AI generated

Art. 55 § 1 1 KP; Art. 61 § 1 KP: An employer may raise a lack of factual grounds for immediate termination by the employee, even if the employer has not filed a separate lawsuit for compensation under Article 61 § 1 KP.

Keywords

AI generated
immediate termination Labor Code factual grounds severance pay employer defense procedural independence serious breach duties

Cited Legislation

AI generated
Art. 55 § 1 1 KP
Art. 61 § 1 KP
Art. 58 § 1 KC
Art. 300 KP
Art. 55 § 3 KP
Art. 61 § 2 § 1 KP
Art. 61 § 2 § 2 KP

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