I PK 541/03
AI generated
Refusal of medical tests after long illness justifies dismissal without pay if caused solely by employee.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially upheld the cassation appeal, overturning the lower court's dismissal of the employee's claim regarding wrongful termination. The employee had been absent for two days without a medical certificate but provided strong evidence of hospitalization and prior long-term illness. The court ruled that the employer's refusal to pay wages was unjustified because the absence was not a serious breach of duties given the medical context.
Legislator headnote
AI generatedArt. 231 k.p.; Art. 393 k.p.c.: Refusal of medical tests after long illness justifies dismissal without pay only if the refusal is solely attributable to the employee.
Keywords
AI generated
wrongful termination
medical absence
workplace dismissal
medical certificate
employee duties
wage payment
labor law
Cited Legislation
AI generatedArt. 231 k.p.
Art. 393 k.p.c.
art. 231 k.p
art. 52 § 1 pkt 1 k.p
art. 81 § 1 k.p
art. 52 § 2 k.p
art. 229 § 4 k.p
art. 6 k.c
art. 300 k.p
art. 391 k.p.c