Legislator Case Law & Legislation
I PKN 410/00 AI generated

Supreme Court dismissed reinstatement claim as abuse of right due to alcohol intoxication at work.

Case Number I PKN 410/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal seeking reinstatement to his job after being fired for drinking alcohol at work. The lower courts found that while the union opposed the dismissal, the employer correctly terminated the contract due to a serious breach of duty. The court ruled that demanding reinstatement under Article 8 of the Labor Code constituted an abuse of right, contradicting social norms and the economic purpose of the law.

Legislator headnote

AI generated

Art. 8 Kodeksu Pracy; Art. 393 § 12 Kodeksu Postępowania Cywilnego: A claim for reinstatement based on Article 8 of the Labor Code is an abuse of right when the employee's conduct violates social norms and the economic purpose of the right.

Keywords

AI generated
abuse of right reinstatement to work alcohol intoxication labor code social norms cassation appeal dismissal of contract

Cited Legislation

AI generated
Art. 8 Kodeksu Pracy
Art. 393 § 12 Kodeksu Postępowania Cywilnego

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