I PK 89/06
AI generated
Employer bears burden to prove employee's fitness after sick leave exhaustion; dismissal without notice requires medical evidence.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal, sending the case back to the lower court for a new ruling. The plaintiff argued that the employer failed to prove the employee was fit for work on the day he returned after exhausting his sick leave. The court held that the burden of proving continued incapacity falls on the employer, who must order new medical examinations rather than relying on prior ZUS decisions.
Legislator headnote
AI generatedArt. 53 § 1 pkt 1 lit. b k.p.; Art. 53 § 3 k.p.; Art. 233 § 1 k.p.c.; Art. 240 § 1 k.p.c. The burden of proving an employee's continued incapacity to work after exhausting sick leave rests with the employer, who must order appropriate medical examinations.
Keywords
AI generated
burden of proof
incapacity to work
dismissal without notice
medical examination
sick leave exhaustion
labor law
employer obligation
Cited Legislation
AI generatedArt. 53 § 1 pkt 1 lit. b k.p.
Art. 53 § 3 k.p.
Art. 233 § 1 k.p.c.
Art. 240 § 1 k.p.c.
Art. 393 § 1 k.p.c.
art. 385 k.p.c
art. 379 pkt 5 k.p.c
art. 240 § 1 k.p.c
art. 278 § 1 k.p.c
art. 53 § 3 k.p
Cited Case Law
AI generatedI PK 649/03, OSNP 2005 nr 12, poz. 173
I PK 89/05
I PK 649/03
Employer's right to terminate without notice is independent of social security rehabilitation benefit proceedings.