Legislator Case Law & Legislation
I PKN 604/99 AI generated

Supreme Court dismissed appeal; foreman lacks authority to terminate contract or start notice period under Labor Code.

Case Number I PKN 604/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 31 § 1 KP
Art. 52 § 2 KP
Art. 393 § 12 KPC

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