Legislator Case Law & Legislation
I PKN 472/00 AI generated

Single mother dismissed from work for no-show after parental leave cannot claim social living standards violation.

Case Number I PKN 472/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal seeking reinstatement after her employer terminated her contract for failure to return to work following parental leave. Although the plaintiff argued that the dismissal violated Article 8 of the Constitution regarding social living standards, the court found she had committed a serious breach of duties by not showing up without justification. Consequently, the court ruled that such a termination was lawful and the constitutional claim was inadmissible.

Legislator headnote

AI generated

Art. 8 ust. 1 Konstytucji; Art. 30 § 1 pkt. 2 Kodeksu pracy; Art. 52 § 1 pkt. 1 Kodeksu pracy: An employee who fails to resume work without valid reason after parental leave cannot successfully invoke Article 8 of the Constitution to claim a dismissal violates social living standards.

Keywords

AI generated
parental leave return serious breach of duties social living standards termination without notice single mother employee labor law constitution dismissal justification

Cited Legislation

AI generated
Art. 8 ust. 1 Konstytucji
Art. 30 § 1 pkt. 2 Kodeksu pracy
Art. 52 § 1 pkt. 1 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego

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