Legislator Case Law & Legislation
I PKN 686/99 AI generated

Dismissed: Employer citing wrong legal basis for dismissal does not violate law if employee knew the real reason.

Case Number I PKN 686/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal seeking reinstatement 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 generated

Art. 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 generated
Art. 30 § 4 KP
Art. 65 § 1 KC
Art. 300 KP
Art. 100 § 1 KP
Art. 393 § 1 KPC

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