Supreme Court dismissed cassation, ruling failure to collect termination notice constitutes intentional delay barring reinstatement claim.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after his employment contract was terminated without notice. The employee failed to collect the termination notice despite it being twice advertised, and the court found this failure intentional rather than excusable. Consequently, the court held that the employee was liable for missing the statutory 14-day deadline to file the reinstatement claim.
Legislator headnote
AI generatedArt. 264 § 2 KP; Art. 61 KC: The concept of 'delivery' under the Labour Disputes Act is not identical to the declaration of will under the Civil Code; failure to collect a termination notice constitutes a blamable act that precludes the employee from filing a reinstatement claim within the statutory period.