Legislator Case Law & Legislation
I PK 290/04 AI generated

Supreme Court dismissed cassation, ruling insulting behavior constitutes a serious breach of duties under Art. 52 § 1 k.p.

Case Number I PK 290/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal against a labor court decision terminating her contract without notice. The lower courts found that while the employee's behavior was inappropriate, the first instance incorrectly failed to classify her insulting conduct as a serious breach of duties under Article 52 § 1 of the Labor Code. The Supreme Court held that such behavior, involving vulgar language and humiliation, demonstrated intentional fault and violated the employee's duty to observe social coexistence and diligence, thereby justifying immediate termination.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 k.p.; Art. 111 k.p.; Art. 94 pkt 10 k.p. The Supreme Court ruled that an employee's intentional insulting behavior towards colleagues constitutes a serious breach of basic employment duties, warranting immediate contract termination without notice.

Keywords

AI generated
serious breach of duties insulting behavior at work termination without notice intentional fault social coexistence obligations labor code provisions cassation appeal dismissal

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 k.p.
Art. 111 k.p.
Art. 94 pkt 10 k.p.
Art. 943 § 1 k.p.
Art. 943 § 2 k.p.
Art. 393 § 12 k.p.c.
art. 52 § 1 pkt 1 k.p
art. 56 § 1 k.p
art. 368 § 2 k.p.c
art. 233 §1 k.p.c

Cited Case Law

AI generated

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