Legislator Case Law & Legislation
I PK 258/04 AI generated

Supreme Court dismisses appeal against final dismissal for same cause as prior warning dismissal.

Case Number I PK 258/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal regarding the final dismissal of an employee. The court found that the new director issued a final termination based on the identical grounds as a previous warning dismissal by the former director within a short timeframe. The court ruled this constituted an abuse of right and violated the employee's right to know the specific cause for termination under labor law.

Legislator headnote

AI generated

Art. 30 § 4 k.p.; Art. 45 § 1 k.p.: A final dismissal based on the same cause as a prior warning dismissal constitutes an abuse of right and violates the employee's right to a specific reason for termination.

Keywords

AI generated
labor law final dismissal warning dismissal abuse of right specific cause employee rights repeated dismissal

Cited Legislation

AI generated
Art. 30 § 4 k.p.
Art. 45 § 1 k.p.
art. 30 § 4 k.p
art. 45 § 1 k.p
art. 47 § 1 k.p
art. 233 § 1 k.p
art. 217 § 1 k.p.c
art. 217 k.p.c
art. 47 k.p
art. 39315 k.p.c

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