Supreme Court dismisses dismissal for serious breach due to employee taking leave with manager's approval.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the cassation appeal against a labor court judgment that terminated an employee's contract without notice. The employee was absent from work to take accrued vacation after obtaining verbal approval from a staff member, which the court found constituted a serious breach of duty. Consequently, the court ruled that the employee's conduct did not amount to a serious violation of employment obligations, thereby upholding the dismissal.
Legislator headnote
AI generatedArt. 30 § 4 k.p.; Art. 52 § 1 pkt 1 k.p.; The employer is bound by the stated reason for dismissal without notice, which must constitute a serious breach of employment obligations; such a breach is not established if the employee leaves work to take leave with the employer's implied or explicit approval.