III PK 85/04 AI generated

Supreme Court dismissed cassation; employer's mixed reasons for dismissal without notice were valid if one reason was sufficient.

Case Number III PK 85/04

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2005-02-23

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding the termination of his employment contract without notice. The lower courts found that the employee, acting as director of a local IT center, committed a serious breach of duty by misleading clients about the center's liquidation while simultaneously offering services to a competing company. The Court held that even though the employer cited additional, unproven reasons alongside the valid breach of duty, the primary justification under Article 52 § 1 of the Labor Code was legally sufficient to terminate the contract.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 k.p.; Art. 393 § 12 k.p.c.: A termination of employment without notice based on a serious breach of duty by the employee is lawful even if the employer also cites additional, unsubstantiated reasons, provided at least one valid reason exists.

Keywords

AI generated

termination without notice serious breach of duty mixed reasons for dismissal Labor Code Article 52 cassation appeal dismissal

Cited Legislation

AI generated

Art. 52 § 1 pkt 1 k.p.

Art. 393 § 12 k.p.c.

Art. 5 ust. 1 pkt 1 ustawy z 21 sierpnia 1997 r.

art. 52 § 1 k.p

art. 52 k.p

art. 52 § 1 pkt 1 k.p

art. 3931 pkt 2 k.p.c

art. 387 k.p.c

art. 328 § 2 k.p.c

art. 39312 k.p.c

Supreme Court dismissed cassation; employer's mixed reasons for dismissal without notice were valid if one reason was sufficient.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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