I PKN 44/00
AI generated
Employee's work during illness without doctor's consent violates duty of care, even if employer gains profit.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal regarding his reinstatement to work. The court found that performing duties contrary to medical advice during sick leave constitutes a violation of the duty of care, regardless of any incidental financial benefit to the employer. Consequently, the lower court's decision to reinstate the employee was upheld as legally correct.
Legislator headnote
AI generatedArt. 211 pkt 5 KP; art. 100 § 2 pkt 3 KP: Performing work contrary to medical recommendations during sick leave violates the employee's duty of care for the employer's welfare, even if the employer inadvertently gains economic benefit.
Keywords
AI generated
duty of care
sick leave obligations
medical recommendations
employer welfare
violation of contract
reinstatement appeal
labor law
Cited Legislation
AI generatedArt. 211 pkt 5 KP
Art. 100 § 2 pkt 3 KP
Art. 393 § 12 KPC