I PKN 686/99
AI generated
Dismissed: Employer citing wrong legal basis for dismissal does not violate law if employee knew the real reason.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal seeking reinstatement after her contract was terminated. The court found that while the employer cited the wrong legal article, the employee was fully aware of the actual, concrete reason for dismissal: her frequent sick leave disrupting operations. Consequently, the court ruled that pointing to an incorrect legal basis does not violate the law when the employee knows the true justification.
Legislator headnote
AI generatedArt. 30 § 4 KP; Art. 65 § 1 KC: Citing an incorrect legal basis in a termination notice does not violate the law if the employee knew the actual, concrete reason for dismissal.
Keywords
AI generated
termination of employment
wrong legal basis
employee knowledge
sick leave absence
labor law interpretation
cassation appeal
reinstatement claim
Cited Legislation
AI generatedArt. 30 § 4 KP
Art. 65 § 1 KC
Art. 300 KP
Art. 100 § 1 KP
Art. 393 § 1 KPC