I PK 128/05
AI generated
Supreme Court dismissed cassation; employer's notice withdrawal to union rep is ineffective without employee consent.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after termination. The lower courts found that the employer terminated the contract due to excessive sick leave, but the employee argued the employer later withdrew the termination notice. The Court ruled that a valid withdrawal of termination requires the employee's consent and must be communicated directly to them, not to a union representative. Consequently, the employer's declaration to the union rep was deemed ineffective, confirming the termination's validity.
Legislator headnote
AI generatedArt. 245 § 1 Kodeksu pracy; Art. 246 Kodeksu pracy: A withdrawal of an employer's termination notice is ineffective unless communicated directly to the employee and accepted by them.
Keywords
AI generated
termination of employment
withdrawal of notice
employee consent
union representative
cassation appeal
labor law
effective communication
Cited Legislation
AI generatedArt. 245 § 1 Kodeksu pracy
Art. 246 Kodeksu pracy
art. 264 § 1 k.p
art. 265 § 1 k.p
art. 300 k.p
art. 61 k.c
Cited Case Law
AI generateduchwała SN z 23 października 1986 r., III PZP 62/86