Supreme Court dismissed appeal; pre-employment conduct cannot violate employment duties under Art. 52 § 1 KP.

The Supreme Court dismissed the cassation appeal against a labor court ruling awarding damages to an employee. The court held that Article 52 § 1 of the Labor Code does not cover actions occurring before the employment relationship began, as only an employee can violate employment duties defined in Article 100 of the same code. Consequently, the employer failed to prove a serious breach of duties by the employee's failure to disclose prior employment in the initial questionnaire.