Supreme Court dismisses appeal regarding dismissal for unauthorized absence, upholding employer's duty to inform superior.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee against his dismissal for unauthorized absence from work. The court found that the lower court correctly applied labor law principles, noting that an employee must execute written orders from their superior without needing prior consultation, even if the employee disagrees with the legality of the order. Consequently, the court ruled that the employer's failure to issue a second order did not invalidate the dismissal, as the employee's duty to follow instructions was clear.
Legislator headnote
AI generatedArt. 15 ust. 1 pkt 3, Art. 16 ustawy o pracownikach samorządowych; Art. 100 § 2 pkt 6 k.p.; Art. 30 § 4 k.p.; Art. 354 k.c.; Art. 393 k.p.c.: An employee is obligated to execute a written order from their superior without prior consultation, and the employer is not required to re-issue an order if the employee believes it is unlawful.