Legislator Case Law & Legislation
I PKN 592/00 AI generated

Employment contract termination without notice requires establishing the exact date the employer learned of the employee's misconduct.

Case Number I PKN 592/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's judgment dismissing the employee's claim for reinstatement due to procedural errors. The employee was fired for misappropriating funds from the sale of scrap metal, arguing the employer knew of this act in 1998. The court found that the lower courts failed to determine when the employer actually learned of the misconduct, which is a prerequisite for applying the one-month notice period rule. Consequently, the termination was deemed invalid because the employer could not have met the statutory deadline without this factual finding.

Legislator headnote

AI generated

Art. 52 § 2 KP; Art. 393 § 1 KPC: The employer's compliance with the one-month notice period for termination without notice depends on the precise date they became aware of the employee's misconduct, requiring explicit factual findings on this timing.

Keywords

AI generated
termination without notice one month period employer knowledge employee misconduct labor law procedure factual findings contract dissolution

Cited Legislation

AI generated
Art. 52 § 2 KP
Art. 498 KC
Art. 499 KC
Art. 52 § 1 KP
Art. 100 KP
Art. 393 § 1 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text