I PKN 604/99
AI generated
Supreme Court dismissed appeal; foreman lacks authority to terminate contract or start notice period under Labor Code.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a miner seeking reinstatement after being fired for assaulting a coworker. The lower court found that the foreman, who witnessed the assault, failed to report it to the director until weeks later, while the employer terminated the contract shortly after. The Supreme Court ruled that the foreman is not a management body or authorized representative under the Labor Code, meaning his actions could not legally terminate the contract or start the statutory notice period.
Legislator headnote
AI generatedArt. 31 § 1 KP; Art. 52 § 2 KP: A foreman or workshop head is not an authorized representative of the employer and cannot terminate an employment contract or initiate the notice period required by law.
Keywords
AI generated
Labor Code
employment termination
authorized representative
notice period
management body
cassation appeal
workplace violence
Cited Legislation
AI generatedArt. 31 § 1 KP
Art. 52 § 2 KP
Art. 393 § 12 KPC