Legislator Case Law & Legislation
I PKN 169/99 AI generated

Intentional or gross negligence is required for a serious breach of basic employee duties under Polish Labor Code.

Case Number I PKN 169/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal regarding the termination of an employee's contract. The employee collected parking fees contrary to regulations but did so voluntarily to pay on behalf of a priest and later disclosed the situation to a supervisor. The court held that the termination was invalid because the employee lacked the requisite intent or gross negligence to constitute a serious breach of duties.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; A serious breach of basic employee duties requires proof of intentional fault or gross negligence, which is absent when the employee acts to fulfill a request and subsequently corrects the error.

Keywords

AI generated
serious breach of duties intentional fault gross negligence termination of contract labor code provisions employee liability cassation appeal

Cited Legislation

AI generated
art. 52 § 1 pkt 1 KP
art. 393 § 11 KPC
art. 393 § 12 KPC

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