II PK 230/04
AI generated
Supreme Court dismissed cassation, allowing dismissal for misconduct that remains valid after reinstatement.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking to invalidate his dismissal. The court found that the employee's interference with the metering system constituted a valid ground for dismissal under the Labor Code, even though he had been previously reinstated to the same position. The court ruled that the causal link between the misconduct and the dismissal remained active and did not expire simply because the employee had been restored to work.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 k.p.; Art. 30 § 4 i art. 45 § 1 k.p.: A cause for immediate termination of the employment contract due to employee fault remains a valid ground for dismissal with notice if it is still current after the employee has been lawfully reinstated to work.
Keywords
AI generated
Labor Code
dismissal with notice
immediate termination
employee fault
reinstatement
validity of cause
labor dispute
Cited Legislation
AI generatedArt. 52 § 1 pkt 1 k.p.
Art. 30 § 4 k.p.
Art. 45 § 1 k.p.
Art. 393 § 12 k.p.c.
art. 52 § 1 pkt 1 k.p
art. 45 § 1 k.p
art. 100 § 2 pkt 4 k.p
art. 38 k.p
art. 52 § 1 k.p
art. 45 k.p