Supreme Court allows compensation for wrongful dismissal based on collective agreement's extended notice period.
Legislator summary
AI generatedThe Supreme Court of Poland quashed the lower court's dismissal of the plaintiff's claim for wrongful dismissal compensation. The plaintiff, a long-term employee appointed to the board, was terminated without cause after a six-month notice period mandated by a collective agreement, which exceeded the statutory minimum. The court ruled that when a collective agreement extends the notice period without specifying compensation, the employee is entitled to damages equal to the salary for that extended period under Article 471 of the Labor Code.
Legislator headnote
AI generatedArt. 45 KP; Art. 471 KP; Art. 36 KP; When a collective agreement establishes a notice period longer than the statutory minimum without expressly defining compensation, the employee is entitled to damages equivalent to the remuneration for the extended period.