Legislator Case Law & Legislation
I PKN 120/00 AI generated

Employee's unauthorized travel abroad during sick leave justified immediate contract termination under Polish Labor Code.

Case Number I PKN 120/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal seeking reinstatement and back pay after his employer terminated his contract without notice. The court found that the employee, while on sick leave, traveled to the Vatican without employer consent or authorization, violating his duty to follow medical advice and subordinate orders. Consequently, the court ruled that this conduct constituted a serious breach of fundamental employee obligations, validating the employer's right to terminate the employment agreement immediately.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 KP; Art. 100 § 2 pkt 3, 4, 5 KP: An employee's unauthorized travel abroad during sick leave without employer consent constitutes a serious breach of fundamental obligations, justifying immediate contract termination without notice.

Keywords

AI generated
unauthorized travel abroad sick leave violation serious breach of duty termination without notice labor code provisions employee obligations employer rights

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 KP
Art. 100 § 2 pkt 3 KP
Art. 100 § 2 pkt 4 KP
Art. 100 § 2 pkt 5 KP
Art. 211 pkt 5 KP
Art. 393 § 12 KPC

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