Legislator Case Law & Legislation
I PKN 422/00 AI generated

Supreme Court dismisses cassation, ruling termination validity depends on authority at will formation, not delivery date.

Case Number I PKN 422/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement against her employer. The lower court had rejected the claim, noting the employee's disruptive behavior and frequent absences, and upheld the university's decision to terminate her contract. The Supreme Court clarified that the validity of a termination notice depends on the authority of the signatory at the moment the will was formed, not at the date of delivery to the employee.

Legislator headnote

AI generated

Art. 61 ust. 2 Kodeksu cywilnego; Art. 62 Kodeksu cywilnego: The validity of a declaration of will is determined by the authority of the actor at the time of its formation, not at the time of its delivery to the addressee.

Keywords

AI generated
termination of employment contract declaration of will validity authority of organ timing of will formation delivery date vs formation labor law cassation university employment dispute

Cited Legislation

AI generated
Art. 61 ust. 2 Kodeksu cywilnego
Art. 62 Kodeksu cywilnego
Art. 393 § 1 Kodeksu postępowania cywilnego

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