Legislator Case Law & Legislation
I PKN 114/99 AI generated

Employer cannot impose disciplinary penalty without prior employee hearing unless employee opts for written form.

Case Number I PKN 114/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court reversed the lower court's dismissal of the employer's disciplinary penalties, ruling that the employer violated the law by failing to offer an oral hearing. Although the employee provided written explanations and later refused further written ones, the employer had not created the necessary conditions for an oral hearing when the penalties were first imposed. The court held that the employer must offer an oral hearing first, allowing the employee to choose between oral or written forms, but cannot unilaterally force the written option.

Legislator headnote

AI generated

Art. 109 § 2 Kodeksu pracy; The employer cannot impose a disciplinary penalty without first offering the employee an opportunity for an oral hearing, which the employee may utilize orally or in writing at their discretion.

Keywords

AI generated
disciplinary penalty oral hearing requirement employee rights written explanation labor law procedure prior notice employer obligation

Cited Legislation

AI generated
art. 109 § 2 Kodeksu pracy
art. 393 § 1 Kodeksu postępowania cywilnego

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