I PKN 370/99
AI generated
Polish Supreme Court dismisses appeal; refusal to perform work contrary to law does not breach duty.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the appellant's cassation appeal against a labor court ruling that restored the plaintiff to her former nursing position. The plaintiff had been offered a new role incompatible with her qualifications and health, which she refused, leading to her dismissal. The court held that refusing a work order violating Article 42 of the Labor Code does not breach the employee's duty, and the employer cannot terminate the contract under Article 52 based on this refusal.
Legislator headnote
AI generatedArt. 42 § 4 KP; Art. 52 § 1 pkt 1 KP: An employee's refusal to perform work orders contrary to the Labor Code does not constitute a breach of duty, and the employment contract cannot be terminated under Article 52 § 1, item 1 of the Labor Code.
Keywords
AI generated
Labor Code
refusal of work
termination of contract
employee duty
labor dispute
cassation appeal
health restrictions
Cited Legislation
AI generatedArt. 42 § 4 KP
Art. 52 § 1 pkt 1 KP
Art. 45 § 2 KP
Art. 45 § 3 KP
Art. 56 § 2 KP
Art. 8 KP
Art. 4771 § 2 KPC
Art. 393 § 12 KPC