Legislator Case Law & Legislation
IV P 116/12 AI generated

Court partially allowed claim for damages due to wrongful dismissal but dismissed request to correct work certificate.

Case Number IV P 116/12
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court partially granted the plaintiff's claim for damages resulting from the employer's wrongful dismissal without notice. While the plaintiff argued the dismissal was retaliatory for an error in a social security certificate, the court found no evidence of malicious intent or gross negligence. Consequently, the court awarded compensation for the wrongful termination but rejected the request to amend the work certificate, as the employer is already legally obligated to record the dismissal as initiated by the employer.

Legislator headnote

AI generated

Art. 52 § 1 kp; Art. 56 § 1 kp; Art. 58 kp; Art. 97 § 3 kp; Art. 98 § 1 kpc: The court may award damages for wrongful dismissal if the employee's conduct did not justify immediate termination, but it cannot order a correction of the work certificate if the employer is already statutorily bound to record the dismissal as initiated by the employer.

Keywords

AI generated
wrongful dismissal work certificate correction social security error employee negligence labor law damages dismissal without notice employer liability

Cited Legislation

AI generated
Art. 52 § 1 kp
Art. 56 § 1 kp
Art. 58 kp
Art. 97 § 3 kp
Art. 98 § 1 kpc
§ 11, ust. 1, pkt 1 rozporządzenia Ministra Sprawiedliwości z dnia 28 września 2002r.

Cited Case Law

AI generated

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