Legislator Case Law & Legislation
I PK 128/05 AI generated

Supreme Court dismissed cassation; employer's notice withdrawal to union rep is ineffective without employee consent.

Case Number I PK 128/05
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 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 generated

Art. 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 generated
Art. 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 generated
uchwała SN z 23 października 1986 r., III PZP 62/86

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