Legislator Case Law & Legislation
I PKN 462/99 AI generated

Polish Supreme Court dismissed appeal, ruling drinking alcohol in a union room at work is a serious breach of duties.

Case Number I PKN 462/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal filed by a union member seeking reinstatement after being fired for drinking alcohol in a workplace union room. The court found that the union room, being employer property, is not an 'extraterritorial' space exempt from workplace rules, and consuming alcohol there constituted a serious breach of employment duties under Article 52 of the Labor Code. Consequently, the court rejected the argument that the employee's absence from regular duties exempted him from these obligations, upholding the lower court's decision to deny reinstatement.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; Art. 45 § 3 KP; Art. 477 § 2 KPC; Drinking alcohol in a workplace union room constitutes a serious breach of employment duties, as such rooms are not extraterritorial spaces exempt from employer regulations.

Keywords

AI generated
serious breach of duties union room workplace alcohol consumption prohibition reinstatement denial labor code obligations extraterritorial space serious misconduct

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 KP
Art. 45 § 3 KP
Art. 477 § 2 KPC
Art. 393 § 11 KPC
Art. 393 § 12 KPC

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