Legislator Case Law & Legislation
I PKN 191/00 AI generated

Supreme Court dismissed appeal; employer's dismissal based on employee's poor availability did not violate social coexistence rules.

Case Number I PKN 191/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a telephone operator against her dismissal by her employer. The plaintiff argued that selecting her for termination violated social coexistence principles, while the employer contended her frequent, unexcused absences made her less suitable than other candidates. The court ruled that the employer's reliance on 'availability' as a selection criterion was lawful and did not infringe upon social norms.

Legislator headnote

AI generated

Art. 393 § 1 k.p.c.; Employers may lawfully use employee availability as a selection criterion for dismissal without violating social coexistence principles, provided the decision is based on objective facts regarding the employee's ability to fulfill duties.

Keywords

AI generated
employee dismissal social coexistence rules employee availability cassation appeal labor law principles

Cited Legislation

AI generated
Art. 393 § 1 k.p.c.

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