Supreme Court dismisses appeal; employee's conduct implied consent to early termination clause.
Legislator summary
AI generatedThe 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 generatedArt. 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.