Supreme Court clarifies that invalid termination during notice period requires re-evaluation of employee claims.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the employee's appeal regarding wrongful termination. The employee sought damages for an illegal dismissal occurring during the statutory notice period, while the employer argued for specific calculation rules. The court ruled that an invalid termination during the notice period mandates a review of all employee claims and established that double compensation for the same loss is prohibited.
Legislator headnote
AI generatedArt. 60 k.p.; Art. 45 k.p.; Art. 471 k.p.; Art. 56 k.p.: When an employer terminates a contract without notice during the notice period, the court must review the employee's claims, but the employee may choose between damages under Art. 471 or Art. 60 k.p. to avoid double compensation for the same loss.