Legislator Case Law & Legislation
I PK 131/05 AI generated

Employee's refusal of medical tests after long-term illness and pension entitlement constitutes a breach of employment duties.

Case Number I PK 131/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee seeking a special bonus after his employer denied it due to his absence from work. The employee had been absent for over a year due to illness, during which he acquired the right to a permanent disability pension, yet refused to undergo mandatory medical examinations. The court ruled that this refusal violated the employee's fundamental duties under labor law, thereby justifying the employer's decision to withhold the bonus. Consequently, the cassation was rejected without costs, upholding the lower court's finding that the employee's conduct breached his contractual obligations.

Legislator headnote

AI generated

Art. 211 pkt 5 k.p. w związku z art. 229 § 2 k.p.; refusal to undergo medical examinations after long-term illness and acquisition of permanent disability pension constitutes a breach of fundamental employment duties.

Keywords

AI generated
breach of employment duties medical examinations refusal permanent disability pension special bonus denial labor law obligations

Cited Legislation

AI generated
Art. 211 pkt 5 k.p.
Art. 229 § 2 k.p.
Art. 393 § 12 k.p.c.
art. 229 § 2 k.p
art. 211 pkt 5 k.p
art. 1131 k.p
art. 8 k.p
art. 233 k.p.c
art. 39311 § 1 k.p.c
art. 39311 § 2 k.p.c

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