Legislator Case Law & Legislation
I PKN 455/99 AI generated

Employer's dismissal of a good employee one month after hiring for financial savings is an abuse of law under Art. 8 KP.

Case Number I PKN 455/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland reinstated the employee's contract after finding the employer's dismissal an abuse of law. The employer terminated the agreement one month after converting a fixed-term contract to indefinite, citing financial savings and the availability of trainees. The court ruled that since the financial difficulties and the need for trainees were known at the time of hiring, the dismissal violated the principle of good faith and constituted an abuse of the statutory right to terminate.

Legislator headnote

AI generated

Art. 30 § 4 KP; Art. 8 KP: An employer's termination of an indefinite-term contract one month after its conclusion, based on financial savings or the temporary hiring of trainees when the employee performed duties diligently, constitutes an abuse of law and a violation of the principle of good faith.

Keywords

AI generated
abuse of law indefinite term contract good faith principle financial savings dismissal termination social economy purpose reinstatement of contract

Cited Legislation

AI generated
Art. 30 § 4 KP
Art. 8 KP
Art. 393 § 15 KPC

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