I PK 127/08
AI generated
Employee can terminate employment without notice due to employer breach via unauthorized agent if agent acted per employee's will.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the employment certificate but set aside the portion declaring the employer's termination invalid. The court found that the employer's agent terminated the contract without explicit authorization, yet the employee confirmed the action and acted in accordance with her will. Consequently, the termination was deemed effective, and the case was remanded for a new ruling on costs.
Legislator headnote
AI generatedart. 55 § 11 k.p.; art. 104 k.c.; A termination of employment without notice by an unauthorized agent is effective if the principal confirms the act or acts in accordance with their will, excluding civil law invalidity sanctions.
Keywords
AI generated
termination without notice
unauthorized agent
confirmation of act
employment contract
labor law sanctions
employee will
remand for retrial
Cited Legislation
AI generatedart. 55 § 11 k.p.
art. 104 k.c.
art. 300 k.p.
art. 611 k.p.
art. 398 § 1 k.p.c.
art. 108 § 2 k.p.c.
art. 55 § 11 k.p
art. 104 k.c
art. 52 § 1 pkt 1 k.p
art. 300 k.p
Cited Case Law
AI generatedII PK 270/05
Invalid employer representation does not render dismissal void; court orders ineffectiveness or damages instead.
I PKN 614/98
II PK 33/05
Supreme Court dismisses labor dispute appeal citing lack of legal interpretation need and burden of proof issues.
II PK 112/06
Supreme Court dismissed mobbing claim as plaintiff failed to prove harassment and health impairment.
V CSK 579/07
Supreme Court partially allowed appeal, overturning lower court's dismissal of HOA fees due to insufficient evidence on specific amounts.