I PKN 28/00
AI generated
Attempted theft of employer property constitutes serious breach of duty under Art. 52 § 1(1) KP, not crime under Art. 52 § 1(2) KP.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal in a labor dispute where an employee was fired for attempting to steal nickel plates. The court clarified that attempted theft of employer property, even if obvious, qualifies as a serious breach of duty under Article 52 § 1(1) of the Labor Code rather than a crime under Article 52 § 1(2). Consequently, the lower courts' dismissal of the claim for compensation regarding wrongful termination and unpaid vacation was upheld.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1, 2 KP; Art. 381 KPC; Attempted theft of employer property constitutes a serious breach of duty under Art. 52 § 1(1) KP, not a crime under Art. 52 § 1(2) KP, regardless of obviousness.
Keywords
AI generated
attempted theft employer property
serious breach duty labor code
labor dispute cassation appeal
unjustified dismissal compensation
criminal offense labor code
Cited Legislation
AI generatedArt. 52 § 1 pkt 1 KP
Art. 52 § 1 pkt 2 KP
Art. 381 KPC
Art. 100 § 2 pkt 4 KP
Art. 52 § 3 KP
Art. 393 § 12 KPC