Legislator Case Law & Legislation
I PKN 568/00 AI generated

Employee entitled to choose between two compensation articles for employer's dual termination violations.

Case Number I PKN 568/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the employee's appeal, increasing the awarded compensation from two to three months' wages. The court found that the employer violated both termination notice rules and immediate termination provisions, granting the employee a choice between two legal bases for damages. Consequently, the court adjusted the award to the higher amount permitted by the chosen statutory article while dismissing the claim for reinstatement.

Legislator headnote

AI generated

Art. 471 Kodeks Pracy; Art. 60 Kodeks Pracy; An employee may choose between two distinct compensation bases when an employer violates both termination notice regulations and immediate termination rules, and the chosen base permits a higher award than the lower one.

Keywords

AI generated
termination notice violation immediate termination employee compensation choice of legal basis labor dispute unjustified dismissal Supreme Court ruling

Cited Legislation

AI generated
Art. 471 Kodeks Pracy
Art. 60 Kodeks Pracy
Art. 45 § 1 Kodeks Pracy
Art. 393 § 1 Kodeks Postępowania Cywilnego
Art. 393 § 2 Kodeks Postępowania Cywilnego

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