Legislator Case Law & Legislation
I PKN 98/99 AI generated

Supreme Court dismisses appeal where employer unilaterally terminated employment contrary to written agreement terms.

Case Number I PKN 98/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's decision that accepted a verbal agreement to terminate employment, ruling such a finding inadmissible against written evidence. The employer had issued documents stating the contract ended unilaterally due to the employee's sick leave, yet the court below found a mutual agreement to end it on a different date. The court held that under labor law, determining a termination method different from that recorded in employer documents violates the employee's will and requires specific statutory grounds not met here.

Legislator headnote

AI generated

Art. 53 § 1 pkt 1 lit. b KP; Art. 30 § 1 pkt 1 KP: It is inadmissible to establish, against the employee's will, a termination method different from that specified in documents issued by the employer.

Keywords

AI generated
labor contract termination unilateral employer action mutual agreement invalidity written documentation employee will violation labor law procedure sickness leave period

Cited Legislation

AI generated
Art. 53 § 1 pkt 1 lit. b KP
Art. 30 § 1 pkt 1 KP
Art. 36 § 6 KP
Art. 247 KPC
Art. 393 § 13 KPC
Art. 82-88 KC
Art. 300 KP

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