Legislator Case Law & Legislation
I PKN 524/99 AI generated

Supreme Court dismisses appeal finding no mutual agreement to terminate employment, only a request for demotion.

Case Number I PKN 524/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 70 § 2 KP
Art. 65 KC
Art. 300 KP
Art. 71 KP
Art. 233 § 1 KPC
Art. 393 § 1 KPC

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