Legislator Case Law & Legislation
I PK 61/05 AI generated

Supreme Court dismissed cassation, ruling termination justified by employee's poor availability and production disruption.

Case Number I PK 61/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a labor court judgment that rejected her request to be reinstated to work. The plaintiff, a long-term employee, had been repeatedly absent due to illness and childcare, causing significant production disorganization for her team. The court held that the employer's termination was justified because the employee's lack of availability prevented her from fulfilling her duties, and no prior offer of alternative work was legally required. Consequently, the court found no violation of the Labor Code or social norms, upholding the employer's right to terminate the contract.

Legislator headnote

AI generated

Art. 45 § 1 k.p.; Art. 8 k.p.: The employer may terminate the employment contract for reasons concerning the employee or other non-employee factors, and justification is established if at least one reason is valid; prior offer of alternative work is not a prerequisite for lawful termination.

Keywords

AI generated
termination of employment contract employee unavailability production disruption Labor Code provisions social norms violation cassation appeal dismissal alternative work offer

Cited Legislation

AI generated
Art. 45 § 1 k.p.
Art. 8 k.p.
Art. 393 § 12 k.p.c.
Art. 102 k.p.c.
art. 45 k.p
art. 8 k.p
art. 45 § 1 k.p
art. 39311 k.p.c
art. 39312 k.p.c
art. 102 k.p.c

Cited Case Law

AI generated

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