Legislator Case Law & Legislation
I PKN 653/00 AI generated

Dismissal of appeal: employer's intent to terminate a named employee prevails even if they mistakenly believe the relationship is contractual.

Case Number I PKN 653/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding her termination from a municipal office. The facts show the plaintiff was appointed to a position but later terminated due to organizational restructuring that reduced staff, an action justified by law for appointed employees. The court ruled that the employer's mistaken belief that the relationship was contractual did not negate their clear intent to terminate based on statutory grounds for ending an appointment-based contract.

Legislator headnote

AI generated

Art. 10 ust. 1 pkt 2 ustawy o pracownikach samorządowych; Art. 65 KC w związku z art. 300 KP: An employer's declaration to terminate a named employee is effective even if the employer mistakenly believes the employment relationship is contractual, provided the termination is based on statutory grounds for ending an appointment-based contract.

Keywords

AI generated
termination of employment municipal employees appointment-based contract employer's intent mistaken legal basis cassation appeal labor law interpretation

Cited Legislation

AI generated
Art. 10 ust. 1 pkt 2 ustawy o pracownikach samorządowych
Art. 65 KC
Art. 300 KP
Art. 31 ust. 1 ustawy o pracownikach samorządowych
Art. 84 § 1 KC
Art. 393 § 1 KPC

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