I PKN 524/99
AI generated
Supreme Court dismisses appeal finding no mutual agreement to terminate employment, only a request for demotion.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal against a lower court ruling that found a mutual agreement to terminate employment. The employee argued that a request for demotion implied a mutual termination, but the court held the request was strictly limited to removing him from his post. Consequently, the court determined no mutual agreement existed to end the contract, and the case was remanded for a new decision on costs.
Legislator headnote
AI generatedArt. 70 § 2 KP; Art. 393 § 1 KPC: A unilateral request for demotion does not constitute a mutual agreement to terminate employment under contract law, and the burden of proving such an agreement lies with the party claiming it.
Keywords
AI generated
mutual agreement termination
unilateral demotion request
labor contract dissolution
employee will declaration
cassation appeal dismissal
Cited Legislation
AI generatedArt. 70 § 2 KP
Art. 65 KC
Art. 300 KP
Art. 71 KP
Art. 233 § 1 KPC
Art. 393 § 1 KPC