Legislator Case Law & Legislation
I PKN 12/99 AI generated

Labor law ruling: employee fault degree does not determine damages; notice period starts upon employer's knowledge of misconduct.

Case Number I PKN 12/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal regarding her wrongful dismissal without notice. The court held that the severity of an employee's fault does not dictate the amount of damages suffered by the employer, but rather relates to the employee's mental state regarding their own actions. Furthermore, the one-month notice period under Article 52 § 2 of the Labor Code began to run only when the employer obtained verified information about the circumstances justifying the dismissal, not merely upon the occurrence of the theft.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; Art. 52 § 2 KP: The degree of an employee's fault does not determine the extent of damages caused to the employer; the one-month notice period for dismissal without notice commences from the date the employer obtains verified information regarding the circumstances justifying the termination.

Keywords

AI generated
labor code fault degree damages assessment notice period wrongful dismissal cashier duties cassation appeal

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 KP
Art. 52 § 2 KP
Art. 393 § 11 KPC
Art. 393 § 12 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