Legislator Case Law & Legislation
I PKN 115/00 AI generated

Supreme Court dismissed appeal; mining rescue team dismissal is not employment contract termination requiring notice.

Case Number I PKN 115/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a lower court ruling that rejected his claim for reinstatement and compensation. The appellant argued that dismissal from the mining rescue team constituted a termination of employment conditions requiring notice under labor law. The court held that membership in the rescue team is a special status governed by separate regulations, not the labor contract, and thus dismissal does not trigger employment termination procedures.

Legislator headnote

AI generated

Art. 42 § 1 KP; Art. 264 § 1 KP: Membership in a mining rescue team is a special status not derived from the employment contract; therefore, dismissal from the team does not constitute termination of employment conditions and is not subject to labor law notice periods or termination timelines.

Keywords

AI generated
mining rescue team employment contract termination special status dismissal notice period requirement labor law applicability cassation appeal dismissal statutory interpretation

Cited Legislation

AI generated
Art. 42 § 1 KP
Art. 264 § 1 KP
Art. 45 § 1 KP
Art. 233 § 1 KPC
Art. 385 KPC
Art. 328 § 2 KPC
Art. 391 KPC
Art. 393 KPC
Art. 393 § 12 KPC

Cited Case Law

AI generated
II CKN 923/97

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