Simultaneous transfer of multiple employees to a competitor constitutes a serious breach of duties justifying dismissal without notice.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court allowed the appeal against a lower court's dismissal of the plaintiff's claim for damages. The court found that the plaintiff, a sales director, conspired with other employees to simultaneously transfer them to a competing company, creating a severe personnel crisis and threatening the employer's business interests. The court ruled that while individual job changes are protected, organizing a group transfer to a competitor constitutes a serious breach of loyalty duties under Polish labor law.
Legislator headnote
AI generatedart. 52 § 1 pkt 1 k.p.; art. 65 ust. 1 Konstytucji; The simultaneous transfer of multiple key employees to a competing employer constitutes a serious breach of fundamental employee duties, justifying dismissal without notice due to the threat to the employer's legitimate interests.