I PKN 410/00
AI generated
Supreme Court dismissed reinstatement claim as abuse of right due to alcohol intoxication at work.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 8 Kodeksu Pracy
Art. 393 § 12 Kodeksu Postępowania Cywilnego