I PKN 304/99
AI generated
Polish Supreme Court dismissed appeal; fake dismissal reason equals failure to cite valid reason under Labor Code.
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal regarding the invalid dismissal of a police retiree. The court found that citing a fictitious reason for termination is legally equivalent to failing to provide a valid reason under Article 30 § 4 of the Labor Code. Consequently, the dismissal was deemed unfounded under Article 45 § 1 because the employer offered no alternative justification.
Legislator headnote
AI generatedArt. 30 § 4 KP; Art. 45 § 1 KP: A dismissal citing a fictitious reason is equivalent to a failure to state a valid reason and is therefore unfounded unless the employer provides additional justifying grounds.
Keywords
AI generated
Labor Code
fictitious reason
dismissal validity
unfounded termination
police retiree
casation appeal
justification requirement
Cited Legislation
AI generatedArt. 30 § 4 KP
Art. 45 § 1 KP
Art. 8 KP
Art. 393 § 12 KPC