Legislator Case Law & Legislation
I PKN 132/99 AI generated

Supreme Court dismissed cassation on labor dispute, upholding dismissal for serious breach of duties.

Case Number I PKN 132/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Maria W. against the Second Instance Court's decision to reject her claim for reinstatement. The court found that the employer's dismissal was justified by the plaintiff's repeated and severe breaches of work discipline, including chronic lateness, unauthorized absences, and falsifying medical records. Consequently, the court ruled that the Second Instance Court correctly applied the law and did not err in its factual findings or legal reasoning.

Legislator headnote

AI generated

art. 48 § 1 pkt 5 KPC; art. 379 pkt 4 KPC; art. 45 KP: The Supreme Court is bound by the factual findings of the Second Instance Court when cassation appeals fail to properly cite specific procedural violations, and a dismissal based on serious breach of duties is lawful even if a personal conflict exists.

Keywords

AI generated
labor law dismissal serious breach of duties cassation appeal procedural violations factual findings binding work discipline reinstatement claim

Cited Legislation

AI generated
art. 48 § 1 pkt 5 KPC
art. 379 pkt 4 KPC
art. 168 KPC
art. 39312 KPC
art. 45 KP
art. 52 § 1 pkt 1 KP

Cited Case Law

AI generated

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