I PK 187/06
AI generated
Employer dismissed employee for poor performance; court requires joint evaluation of all reasons.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the plaintiff's claim to reinstate her employment. The plaintiff, a municipal guard, was terminated due to poor performance statistics and disciplinary warnings, while the employer argued her role required higher discipline. The court held that when multiple reasons for dismissal are cited, they must be evaluated collectively, especially for uniformed staff where higher standards apply.
Legislator headnote
AI generatedArt. 45 § 1 k.p.; Art. 10 ust. 2 ustawy o strażach gminnych; When an employer cites multiple reasons for terminating an indefinite-term contract, all reasons must be assessed jointly, particularly for uniformed employees subject to higher disciplinary standards.
Keywords
AI generated
termination of employment
municipal guard
collective evaluation
disciplinary standards
performance assessment
indefinite contract
labor law
Cited Legislation
AI generatedArt. 45 § 1 k.p.
Art. 10 ust. 2 ustawy z dnia 29 sierpnia 1997 r. o strażach gminnych
art. 398 § 1 k.p.c.
art. 108 § 2 k.p.c.
art. 382 k.p.c
art. 45 § 1 k.p
art. 3983 § 3 k.p.c
art. 45 k.p
art. 108 § 2 k.p.c
Cited Case Law
AI generatedI PK 61/05
Supreme Court dismissed cassation, ruling termination justified by employee's poor availability and production disruption.
I PRN 69/96
Polish Supreme Court dismisses extraordinary review, upholding employer's right to terminate independent workers for poor results.
I PKN 419/97
Dismissal of appeal: employer may terminate for lack of diligence without special gravity under Labor Code.
III PZP 10/85