Unapproved medical procedure by lower staff justifies dismissal under Art. 52 § 1 KP without proving employer financial loss.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a nurse seeking reinstatement after she performed an unauthorized massage. The court found that while the nurse knowingly violated her duty by acting without a doctor's order, the law does not require the employer to prove specific financial loss or significant damage to interests to justify dismissal. Consequently, the court rejected the request to overturn the termination and awarded costs to the employer.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 KP; Art. 393 § 1 KPC; The performance of an unauthorized medical procedure by lower medical staff constitutes a serious breach of duties justifying dismissal without the necessity of proving significant financial loss or material damage to the employer's interests.