Legislator Case Law & Legislation
I PKN 347/99 AI generated

Supreme Court allows compensation for wrongful dismissal based on collective agreement's extended notice period.

Case Number I PKN 347/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
wrongful dismissal compensation collective agreement notice extended notice period Labor Code Article 471 statutory minimum notice systematic interpretation employee protection

Cited Legislation

AI generated
Art. 45 KP
Art. 471 KP
Art. 36 KP
Art. 39313 KPC
Art. 392 KPC

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