Legislator Case Law & Legislation
I PKN 647/99 AI generated

Supreme Court dismisses appeal, ruling employee-initiated termination without notice does not trigger employer dismissal consequences for future employment.

Case Number I PKN 647/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Mariana M. against the Lower Appellate Court's decision awarding him compensation for early contract termination. The court found that while the Labor Code creates a legal fiction equating certain employee-initiated terminations to employer dismissals, this fiction applies only to the immediate legal consequences, not to future employment scenarios. Consequently, the court held that the employee's subsequent employment relationship with the successor company was not automatically affected by the specific termination method used in the previous role.

Legislator headnote

AI generated

Art. 231 § 4 zd. 2 Kodeksu pracy; Art. 393 § 1 Kodeksu postępowania cywilnego: The legal fiction equating employee-initiated termination without notice to employer dismissal applies solely to immediate statutory consequences and does not extend to future employment relationships or alter the nature of the terminating party.

Keywords

AI generated
Labor Code termination without notice legal fiction employee rights future employment cassation appeal successor company

Cited Legislation

AI generated
Art. 231 § 4 zd. 2 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego

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