Legislator Case Law & Legislation
I BP 5/09 AI generated

Supreme Court dismissed appeal; unpaid travel allowances do not justify immediate contract termination without notice.

Case Number I BP 5/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's appeal against a lower court ruling that rejected his claim for damages due to the employer's failure to pay travel allowances. The plaintiff argued that the employer's persistent non-payment constituted a serious breach justifying immediate contract termination without notice, but the court found the employer's delay in payment did not meet this threshold. The court clarified that travel allowances are not wages and must be paid within 14 days of trip completion, meaning the statutory one-month notice period for termination remained valid.

Legislator headnote

AI generated

Art. 55 § 11 k.p.; Art. 55 § 2 k.p.; Art. 52 § 2 k.p.; Art. 775 § 5 k.p.; Art. 85 k.p.: Failure to pay travel allowances does not constitute a serious breach justifying immediate contract termination without notice; the one-month notice period applies unless the employer's delay reaches the level of a permanent violation.

Keywords

AI generated
travel allowances contract termination notice period serious breach labor law employee rights payment delay

Cited Legislation

AI generated
Art. 55 § 11 k.p.
Art. 55 § 2 k.p.
Art. 52 § 2 k.p.
Art. 85 k.p.
Art. 775 § 5 k.p.
Art. 424 § 1 k.p.c.
art. 55 § 11 k.p
art. 52 § 2 k.p
art. 386 § 1 k.p.c
art. 85 § 1 k.p

Cited Case Law

AI generated

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