Legislator Case Law & Legislation
I PK 40/02 AI generated

Supreme Court dismissed appeal; employee's oral wage reduction and subsequent resignation barred severance under good faith principle.

Case Number I PK 40/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court ruling that denied the employee severance pay. The employee, a director, had verbally agreed to a wage reduction and higher commission, which he accepted for eight months before resigning. The court held that by failing to enforce the written form requirement for contract changes and accepting the lower pay, the employee acted in bad faith. Consequently, his resignation was not due to the employer's fault, legally precluding the severance payment.

Legislator headnote

AI generated

Art. 55 § 11 k.p.; Art. 8 k.p.; If an employee accepts a unilateral oral modification of a written employment contract requiring written form and later resigns based on the alleged invalidity of that modification, the court may find the employee in breach of good faith and deny severance.

Keywords

AI generated
good faith principle oral contract modification written form requirement unilateral employer action bad faith resignation severance pay denial labor law good faith

Cited Legislation

AI generated
Art. 55 § 11 k.p.
Art. 8 k.p.
Art. 393 § 12 k.p.c.
Art. 98 k.p.c.
art. 55 § 11 k.p
art. 76 k.c
art. 300 k.p
art. 8 k.p
art. 39312 k.p.c
art. 98 k.p.c

Cited Case Law

AI generated

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