Legislator Case Law & Legislation
I PKN 13/99 AI generated

Employer's formal dismissal due to error is not simultaneously a breach of social coexistence rules.

Case Number I PKN 13/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a teacher seeking to invalidate his dismissal. The employer terminated the contract citing selection principles after discovering the employee's criminal record, which he had concealed despite prior warnings. The court held that the employer's error in interpreting dismissal timelines constituted a legal violation but did not amount to a breach of social coexistence rules.

Legislator headnote

AI generated

Art. 8 KP; Art. 393 § 1 KPC: A formal dismissal resulting from an employer's non-culpable error in applying procedural rules cannot simultaneously be characterized as a violation of social coexistence rules.

Keywords

AI generated
dismissal invalidity social coexistence rules employer error criminal record concealment labor contract termination cassation appeal procedural formalities

Cited Legislation

AI generated
Art. 8 KP
Art. 393 § 1 KPC

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