Legislator Case Law & Legislation
II PK 87/06 AI generated

Employee dismissed for refusing work due to management disputes; duty is to employer, not management organs.

Case Number II PK 87/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by two employees seeking reinstatement after they stopped working following a change in the cooperative's management. The court found that the employees had voluntarily ceased performing their duties at the employer's premises, effectively breaching their contractual obligation to work for the employer rather than the management organs. Consequently, the court ruled that disputes regarding the validity of the new management did not justify the employees' refusal to perform their work duties.

Legislator headnote

AI generated

Art. 52 § 1 pkt 1 k.p.; Art. 398 § 1 k.p.c.: An employee has an obligation to perform work for the employer and cannot refuse to do so merely because there are disputes concerning the person or organ authorized to act on behalf of the employer.

Keywords

AI generated
employee refusal to work management organ dispute reinstatement claim contractual duty to employer cassation appeal dismissal

Cited Legislation

AI generated
Art. 52 § 1 pkt 1 k.p.
Art. 398 § 1 k.p.c.
art. 52 § 1 pkt 1 k.p
art. 219 k.p.c
art. 52 k.p
art. 52 § 1 k.p
art. 52 § 2 k.p
art. 378 § 1 k.p.c
art. 3 k.p
art. 3983 §1 k.p.c

Cited Case Law

AI generated

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