I PKN 62/99
AI generated
Employer fails to prove employee absence due to missing attendance records, burden shifts to employer.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal regarding the reinstatement of an employee. The lower court found the employer failed to provide attendance records, shifting the burden of proof to them for the employee's absence. Consequently, the court ruled that the employer could not justify the termination based on unproven non-attendance.
Legislator headnote
AI generatedArt. 94 pkt 9a KP; Art. 382 KPC; Art. 52 § 1 KP; Art. 233 § 1 KPC; Art. 56 KP: Where an employer fails to maintain mandatory documentation of work attendance and wages, the burden of proving the employee's absence and the amount of unpaid wages shifts to the employer.
Keywords
AI generated
burden of proof
attendance records
employment contract
reinstatement
unjustified absence
labor law
employer liability
Cited Legislation
AI generatedArt. 94 pkt 9a KP
Art. 382 KPC
Art. 52 § 1 KP
Art. 233 § 1 KPC
Art. 56 KP
Art. 393 § 12 KPC