II PK 197/04
AI generated
Polish Supreme Court dismisses appeal; absence after unpaid leave request does not justify immediate contract termination.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the employer's cassation appeal regarding the termination of a labor contract. The court found that the employee's absence was justified by a previously granted leave request, which the employer failed to formally deny in writing. Consequently, the employer's claim of an unexcused absence constituting a serious breach of duty was rejected as factually incorrect.
Legislator headnote
AI generatedArt. 1672 k.p.c.; Art. 52 § 1 pkt 1 k.p.: An employer's failure to respond to a leave request does not constitute a valid ground for immediate contract termination based on unexcused absence.
Keywords
AI generated
labor contract termination
unexcused absence
leave request procedure
serious breach of duty
cassation appeal dismissal
employer response obligation
justified absence
Cited Legislation
AI generatedArt. 1672 k.p.c.
Art. 52 § 1 pkt 1 k.p.
Art. 393 § 2 k.p.c.
Art. 229 k.p.
Art. 100 k.p.c.
art. 1672 k.p
art. 52 § 1 pkt 1 k.p
art. 52 k.p
art. 53 § 1 pkt 1 k.p
art. 163 § 3 k.p