III PK 42/06
AI generated
Supreme Court dismissed appeal; employee's resignation error claim rejected due to continued employment intent.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that rejected her claim for a higher severance payment. The plaintiff argued she resigned under a mistake of fact regarding an undisclosed social package, but the court found she intended to continue working. Consequently, the court ruled that her withdrawal from the agreement's consequences would have kept her employed, contradicting her actual intent to leave.
Legislator headnote
AI generatedArt. 84 § 1 k.c.; Art. 88 § 1 k.c.; A mistake of fact does not justify withdrawal from a termination agreement if the employee intended to continue employment.
Keywords
AI generated
mistake of fact
termination agreement
severance payment
social package
cassation appeal
labor contract
employee intent
Cited Legislation
AI generatedArt. 84 § 1 k.c.
Art. 88 § 1 k.c.
Art. 300 k.p.
Art. 3 k.p.
Art. 9 § 1 k.p.
Art. 24128 § 1 k.p.
Art. 24128 § 6 k.p.
Art. 39814 k.p.c.
art. 3 k.p
art. 9 § 1 k.p
Cited Case Law
AI generatedIII PK 38/04
Labor law: Collective guarantee package is a source of labor law; unfavorable changes require notice under Art. 42 § 1 k.p.
III PZP 2/06
Supreme Court rules collective agreements on social guarantees in privatization are labor law provisions under Art. 9 § 1 k.p.
III PK 114/05
Supreme Court dismissed appeal; collective agreement termination by employee does not violate equal treatment principle.