Legislator Case Law & Legislation
I PKN 498/99 AI generated

Employee consent to extend notice period does not equal consent to rescind invalid dismissal.

Case Number I PKN 498/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding an employee's claim for damages due to an invalid dismissal. The lower courts held that the employee's agreement to extend the notice period constituted consent to a settlement, thereby waiving the right to damages. The Supreme Court ruled that consent to extend the notice period is legally distinct from consent to withdraw the invalid dismissal or agree to a settlement. Consequently, the employee remains entitled to damages under Article 45 of the Labor Code.

Legislator headnote

AI generated

Art. 36 § 6 KP; Art. 45 § 1 KP: An employee's consent to extend the notice period of termination does not equate to consent to rescind the invalid dismissal or to a settlement agreement, and thus does not deprive the employee of the right to claim damages.

Keywords

AI generated
invalid dismissal employee consent notice period extension damages claim labor code settlement agreement rescission of dismissal

Cited Legislation

AI generated
Art. 36 § 6 KP
Art. 45 § 1 KP
Art. 41 KP
Art. 69 KP
Art. 68 KP
Art. 393 § 1 KPC

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