Legislator Case Law & Legislation
I PKN 99/00 AI generated

Failure to state termination reason in the initial notice violates Art. 30 § 4 KP; later supplementation does not cure the defect.

Case Number I PKN 99/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court ruling awarding damages for an unlawful termination. The employer failed to cite the reason for termination in the initial notice sent to the employee, violating Art. 30 § 4 of the Labor Code, but later provided the reason in a supplementary letter. The court held that this subsequent supplementation could not validate the initial procedural defect because the statutory requirement to state the reason is protective and must be met at the moment of delivery to allow the employee to timely exercise their right to appeal.

Legislator headnote

AI generated

Art. 30 § 4 KP; Art. 45 § 1 KP: The employer's obligation to state the reason for termination in the initial notice is a mandatory protective requirement; a subsequent supplementary notice cannot cure the defect of failing to state the reason in the original declaration.

Keywords

AI generated
Labor Code Art. 30 termination notice defect supplementary notice invalidity employee protection rights cassation appeal dismissal procedural compliance unjustified damages claim

Cited Legislation

AI generated
Art. 30 § 4 KP
Art. 45 § 1 KP
Art. 264 § 1 KP
Art. 8 KP
Art. 393 § 1 KPC

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