Legislator Case Law & Legislation
I PKN 700/00 AI generated

Supreme Court rules monthly termination notice period runs separately for each day of continuous breach.

Case Number I PKN 700/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court quashed the lower court's decision to restore the employee to work, finding the employer's termination notice period had not yet expired. The court held that when a breach consists of continuous intentional omission, the monthly notice period must be calculated separately for each day the breach persists. Consequently, the employer could only terminate the contract after the employee returned the withheld equipment, which occurred during the proceedings.

Legislator headnote

AI generated

Art. 52 § 2 KP; Art. 316 § 1 KPC; In cases of continuous intentional omission, the monthly notice period for termination runs separately for each day the breach persists, rather than from the moment the employer first learned of the breach.

Keywords

AI generated
continuous omission termination notice period labor law breach of duty calculation of time employee rights labor dispute

Cited Legislation

AI generated
Art. 52 § 2 KP
Art. 316 § 1 KPC
Art. 393 § 1 KPC

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