Legislator Case Law & Legislation
I PKN 415/99 AI generated

Supreme Court dismisses appeal regarding non-termination ban when employee is still sick but reports to work.

Case Number I PKN 415/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal, remanding the case to the Court of Appeal for a new decision on costs. The lower court awarded damages for wrongful termination and corrected the employment certificate after the employee, who was still sick, reported to work to interrupt the statutory notice period. The court rejected the employer's argument that the ban on non-terminated contracts applies only when the employee is absent, ruling that the ban does not apply if the employee is still unable to work but reports to work to interrupt the notice period.

Legislator headnote

AI generated

Art. 53 § 3 KP; Art. 382, 386 § 4 KPC; The prohibition on terminating an employment contract without notice does not apply if the employee is still unable to work due to illness but reports to work in order to interrupt the period entitling the employer to terminate the contract.

Keywords

AI generated
employment contract termination notice period interruption employee sick leave cassation appeal dismissal labor law interpretation

Cited Legislation

AI generated
Art. 53 § 3 KP
Art. 382 KPC
Art. 386 § 4 KPC
Art. 291 § 1 KP
Art. 168 KP
Art. 161 KP
Art. 393 § 1 KPC

Cited Case Law

AI generated
V PZP 6/79 (OSNCP 1980 r, nr 7 – 8, poz. 131)

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text