I PK 49/02
AI generated
Employer may re-terminate contract without employee consent after invalid first termination.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the employee's claim to reinstate her employment. The court found that the employer's initial termination was invalid due to a breach of a notarial agreement restricting dismissals for two years, yet the employer subsequently issued a new termination notice. The court ruled that a valid re-termination is permissible without the employee's consent to withdraw the first notice, as each termination constitutes a distinct legal act independent of the prior one.
Legislator headnote
AI generatedArt. 10 ust. 1 k.p.c.; Art. 393 § 13 k.p.c.: An employer may re-terminate an employment contract without the employee's consent to withdraw a previous termination, as each termination notice constitutes a separate legal act.
Keywords
AI generated
re-termination of employment
invalid first termination
employee consent withdrawal
notarial agreement breach
separate legal acts
Cited Legislation
AI generatedArt. 10 ust. 1 k.p.c.
Art. 393 § 13 k.p.c.
art. 363 k.p.c
art. 61 k.c
art. 300 k.p
art. 363 § 1 k.p.c
art. 365 § 1 k.p.c
art. 370 k.p.c
art. 369 k.p.c
art. 39313 k.p.c