Supreme Court quashes labor contract termination for gross negligence, mandating assessment of employer interest harm.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland quashed the lower court's decision terminating the employee's contract due to gross negligence regarding confidential computer data. The court found the lower court's assessment of the employee's fault inconsistent, as it failed to properly evaluate whether the employee should have known about the sensitive information in the computer's memory. Consequently, the case was remanded to the district court for a new evaluation of the breach of duty and the resulting harm to the employer's interests.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 KP; Art. 393 § 1, 108 § 2 KPC: In cases of extraordinary contract termination under Art. 52 § 1 pkt 1 KP, the degree of employee fault must be assessed in relation to both the breach of basic duties and the specific harm or threat to the employer's interests, requiring a precise factual analysis of the employee's knowledge and the nature of the compromised data.