Legislator Case Law & Legislation
I PKN 577/00 AI generated

Employee's temporary work during employer's decision period proves intent to continue employment contract.

Case Number I PKN 577/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a teacher seeking reinstatement after taking temporary employment elsewhere. The court found that the plaintiff's declaration of readiness to return to her original school, combined with the employer's delayed response, demonstrated an unambiguous intent to continue the employment relationship. Consequently, the temporary work undertaken while awaiting the employer's decision was interpreted as an expression of willingness to resume duties rather than a resignation.

Legislator headnote

AI generated

Art. 60 KC; Art. 61 KC; Art. 65 § 1 KC: An employee's acceptance of temporary employment while awaiting the employer's decision on reinstatement does not exclude the employee's intent to continue the employment relationship.

Keywords

AI generated
employment contract termination employee readiness declaration temporary employment period employer decision delay intent to continue work reinstatement claim labor law interpretation

Cited Legislation

AI generated
Art. 60 KC
Art. 61 KC
Art. 65 § 1 KC
Art. 300 KP
Art. 393 § 1 KPC

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