Legislator Case Law & Legislation
I PKN 330/00 AI generated

Employee dismissed for redundancy cannot claim invalidity if she discovers pregnancy after termination notice expires.

Case Number I PKN 330/00
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 her termination notice expired. Although the employee became pregnant during the notice period, she only learned of her pregnancy in late January and filed her lawsuit in May. The court ruled that the statutory deadline for challenging the dismissal runs from the moment the employee becomes aware of her pregnancy, not from the date of the termination letter. Consequently, the employee's failure to file the suit within the calculated timeframe constituted an unjustified delay, rendering the dismissal legally effective.

Legislator headnote

AI generated

Art. 264 § 1 Kodeksu pracy; Art. 265 § 1 Kodeksu pracy: The period for an employee to file a lawsuit to declare a dismissal invalid runs from the date the employee becomes aware of the pregnancy, not from the date of the termination notice.

Keywords

AI generated
termination notice expiry pregnancy discovery date statute of limitations unjustified delay dismissal invalidity labor law procedure cassation appeal

Cited Legislation

AI generated
Art. 264 § 1 Kodeksu pracy
Art. 265 § 1 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego

Cited Case Law

AI generated

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