I PK 88/08
AI generated
Supreme Court dismissed appeal; employee's unauthorized leave start invalidates employer's dismissal without notice.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a former mining company president against his dismissal without notice. The court held that the employee unilaterally started his leave without employer consent, and the employer's temporary inability to grant it did not justify the termination. Consequently, the lower court's finding that the employee's conduct was disloyal and the dismissal unlawful was upheld.
Legislator headnote
AI generatedArt. 264 § 2 k.p.; Art. 8 k.p.: An employee's failure to obtain employer consent before starting leave, even if the employer is temporarily unavailable, does not justify the employee's unilateral action and renders a subsequent dismissal without notice unlawful.
Keywords
AI generated
dismissal without notice
unauthorized leave
employer consent
employee disloyalty
cassation appeal
labor law
unlawful termination
Cited Legislation
AI generatedArt. 264 § 2 k.p.
Art. 8 k.p.
Art. 398 k.p.c.
Art. 98 § 1 k.p.c.
§ 12 ust. 4 pkt 2 rozporządzenia Ministra Sprawiedliwości z dnia 28 września 2002 r.
art. 264 § 2 k.p
art. 39 k.p
art. 52 § 1 pkt 1 k.p
art. 8 k.p
art. 52 § 1 k.p
Cited Case Law
AI generatedIII PK 44/05
Supreme Court clarifies that invalid termination during notice period requires re-evaluation of employee claims.
I PK 241/06
I PK 490/02
Supreme Court dismissed appeal; employer's notice of termination counts as termination notice under Labor Code.
I PK 100/03
I PK 128/06
Polish Supreme Court allows 'at request' leave if requested by end of workday per company custom.
II PK 197/04
Polish Supreme Court dismisses appeal; absence after unpaid leave request does not justify immediate contract termination.