Legislator Case Law & Legislation
I PKN 527/00 AI generated

Supreme Court dismisses appeal; employee's conduct implied consent to early termination clause.

Case Number I PKN 527/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a regional court ruling that rejected her claim for damages. The plaintiff, a city council member, accepted a fixed-term employment contract with a two-week early termination clause after the council approved it, despite not explicitly signing a written agreement containing that specific clause. The court held that her conduct, including her participation in the council meeting and subsequent acceptance of the role, constituted sufficient evidence of her will to agree to the terms. Consequently, the court ruled that the employer did not violate the law by terminating the contract early based on the established conduct.

Legislator headnote

AI generated

Art. 30 ust. 2 pkt 5 ustawy o samorządzie gminnym; Art. 65 § 1 KC: An employee's conduct, such as accepting a position after a council resolution sets specific termination terms, constitutes sufficient evidence of consent to those terms, rendering an employer's reliance on the established will valid even without a specific written clause.

Keywords

AI generated
implied consent employment fixed term contract termination employee conduct evidence council resolution authority early termination clause interpretation of will labor law dispute

Cited Legislation

AI generated
Art. 30 ust. 2 pkt 5 ustawy z dnia 8 marca 1990 r. o samorządzie gminnym
Art. 32 ust. 1 ustawy z dnia 8 marca 1990 r. o samorządzie gminnym
Art. 65 § 1 Kodeksu cywilnego
Art. 393 § 1 Kodeksu postępowania cywilnego

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