Legislator Case Law & Legislation
I PKN 544/99 AI generated

Dismissal of reinstatement claim where employee's breach of duty and bad faith justified dismissal under social coexistence rules.

Case Number I PKN 544/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal seeking reinstatement to her job. The lower courts found that the employer acted humanely by retracting a disciplinary dismissal, yet the employee returned to work while hiding critical documents and mismanaging funds. The court ruled that the employee's significant breach of duties and exceptional unloyalty made her request contrary to social coexistence principles, overriding formal procedural defects.

Legislator headnote

AI generated

Art. 8 KP; Art. 38 KP: A request for reinstatement is contrary to social coexistence principles if the employee significantly breached their duties and acted exceptionally unloyally, even if the employer did not formally consult trade unions.

Keywords

AI generated
social coexistence principles employee breach of duty exceptional unloyalty dismissal validity reinstatement claim trade union consultation labor law good faith

Cited Legislation

AI generated
Art. 8 KP
Art. 38 KP
Art. 45 § 1 KP
Art. 30 § 4 KP
Art. 52 § 1 KP
Art. 233 § 1 KPC
Art. 328 § 2 KPC
Art. 3931 § 2 KPC

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