II PK 202/08
AI generated
Supreme Court dismissed appeal for unjustified dismissal, ruling unilateral suspension can be revoked by employer at any time.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal and upheld the lower courts' decision to reject the claim for damages. The employee had been suspended from work without pay for nearly eight months while the employer offered a new position, which the employee refused to accept. The court ruled that the employer's unilateral suspension was valid and could be revoked at any time, making the employee's refusal to return to work a clear breach of contract.
Legislator headnote
AI generatedArt. 42 § 1 in conjunction with Art. 42 § 4 k.p.; Art. 52 § 1 pkt 1 k.p.: An employer may unilaterally suspend an employee from work obligations during the employment period and revoke this suspension at any time by demanding the employee to resume work.
Keywords
AI generated
unilateral suspension
revocation of suspension
unjustified dismissal
breach of contract
labor law dispute
Cited Legislation
AI generatedArt. 42 § 1 k.p.
Art. 42 § 4 k.p.
Art. 52 § 1 pkt 1 k.p.
Art. 39813 § 2 k.p.c.
Art. 3983 § 3 k.p.c.
Art. 39816 k.p.c.
Art. 102 k.p.c.
Art. 39814 k.p.c.
art. 42 § 4 k.p
art. 30 § 4 k.p