III PK 12/05 AI generated

Free leave granted after termination of employment is void due to lack of legal standing.

Case Number III PK 12/05

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2005-05-05

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding compensation for wrongful termination following the invalid granting of free leave. The court found that the plaintiff was legally dismissed from his position as City Treasurer, rendering him no longer an employee entitled to leave under the Labor Code. Consequently, the mayor's act of granting free leave was void as it attempted to suspend the employment relationship of a non-employee, and the plaintiff's claim for damages was therefore rejected.

Legislator headnote

AI generated

Art. 174 § 1 k.p.; Art. 58 k.c.: An act granting free leave to a person whose employment relationship has been terminated is void because such a person cannot be an employee, and the employer lacks the authority to unilaterally suspend a non-existent employment relationship.

Keywords

AI generated

free leave validity employment termination labor code provisions civil law voidness employer authority employee status cassation dismissal

Cited Legislation

AI generated

Art. 174 § 1 k.p.

Art. 58 k.c.

Art. 74 k.p.

Art. 393 § 12 k.p.c.

Art. 98 k.p.c.

Art. 65 k.c.

Art. 300 k.p.

Art. 4 ust. 1 ustawy o samorządzie gminnym

Art. 18 ust. 2 pkt 3 ustawy o samorządzie gminnym

Art. 70 § 1 k.p.

Free leave granted after termination of employment is void due to lack of legal standing.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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