Legislator Case Law & Legislation
I PKN 245/99 AI generated

Supreme Court dismisses appeal on work certificate but remands case regarding termination without notice due to sick leave duration.

Case Number I PKN 245/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding the correction of the employment certificate as inadmissible under the Civil Procedure Code. However, the court set aside the lower court's judgment on the termination of the labor contract because the employee's absence due to illness exceeded the statutory period, legally permitting immediate termination without notice. The case was remanded to the regional court for a new decision on the compensation claim based on these corrected facts.

Legislator headnote

AI generated

Art. 72 § 1 zdanie drugie KP; Art. 53 § 1 i 2 KP; Art. 71 KP: Termination of employment without notice is permissible when justified absence exceeds statutory limits, but the employee has no obligation to accept alternative work during the notice period.

Keywords

AI generated
termination without notice justified absence employment certificate sick leave duration labor contract dissolution notice period calculation cassation inadmissibility

Cited Legislation

AI generated
Art. 72 § 1 zdanie drugie KP
Art. 53 § 1 i 2 KP
Art. 71 KP
art. 393 pkt 6 KPC
art. 393 § 1 KPC
art. 393 § 13 KPC

Cited Case Law

AI generated

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