Legislator Case Law & Legislation
I PKN 175/99 AI generated

Supreme Court dismisses cassation; specific reason for dismissal must allow employee effective defense.

Case Number I PKN 175/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court judgment that rejected an employee's claim to reinstatement. The employee argued the employer failed to provide a specific reason for dismissal under Article 30 § 4 of the Labor Code. The court held that because the employee held a management position with access to all information, the general accusation of 'loss of trust' was sufficient to allow effective defense.

Legislator headnote

AI generated

Art. 30 § 4 Kodeksu pracy; The employer must provide a specific reason for dismissal that allows the employee to effectively defend their rights, which is satisfied by a general accusation of loss of trust if the employee has access to all relevant information.

Keywords

AI generated
Labor Code Article 30 Loss of trust dismissal Specific reason requirement Effective defense rights Management position access Cassation appeal dismissal Employment contract termination

Cited Legislation

AI generated
Art. 30 § 4 Kodeksu pracy
Art. 393 § 13 Kodeksu postępowania cywilnego

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