Legislator Case Law & Legislation
I PKN 363/00 AI generated

Supreme Court dismissed cassation, ruling employer's one-month notice period starts only upon discovering the specific reason for dismissal.

Case Number I PKN 363/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by employees seeking reinstatement after their dismissal for causing a shortage. The court held that the one-month notice period under Article 52 of the Labor Code begins only when the employer discovers the specific reason for dismissal cited in their written notice. Consequently, the lower court correctly found that the employer's delay in discovering the medical reasons for the employees' absence did not constitute a procedural violation warranting reinstatement.

Legislator headnote

AI generated

Art. 52 § 2 KP; Art. 8 KP: The one-month notice period for dismissal without notice commences only upon the employer's discovery of the specific reason for dismissal cited in their written notice, limiting the scope of the dispute to those stated reasons.

Keywords

AI generated
Labor Code notice period dismissal without notice discovery of reason scope of labor dispute cassation procedure limits medical leave absence employer written notice

Cited Legislation

AI generated
Art. 52 § 2 KP
Art. 8 KP
Art. 56 KP
Art. 393 § 1 KPC
Art. 393 § 2 KPC

Cited Case Law

AI generated
I PRN 86/80

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