Legislator Case Law & Legislation
I PKN 148/99 AI generated

Supreme Court allows dismissal of reinstatement claim due to loss of trust from financial violations by main accountant.

Case Number I PKN 148/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the plaintiff's appeal, overturning the lower court's order to reinstate her to her position as main accountant. The court found that while the plaintiff was not solely responsible for the school director's financial violations, her role required high trust and her actions caused a loss of confidence. Consequently, reinstatement was deemed unfeasible, and the claim was limited to monetary compensation for wrongful dismissal.

Legislator headnote

AI generated

Art. 45 § 1, 2 KP; Art. 471 KP: Violation of financial regulations by a main accountant may justify loss of employer trust, rendering reinstatement unfeasible even if the employee acted under direction.

Keywords

AI generated
loss of trust main accountant financial regulations unfeasible reinstatement wrongful dismissal employer confidence compensation

Cited Legislation

AI generated
Art. 45 § 1 KP
Art. 45 § 2 KP
Art. 471 KP
Art. 36 § 1 pkt 2 KP
Art. 393 § 1 KPC

Cited Case Law

AI generated

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