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I PK 77/10 AI generated

Supreme Court allows employee's claim by ruling termination date starts when employer wrongly refuses re-employment.

Case Number I PK 77/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of Dariusz K.'s claim against his employer for wrongful termination. The court found that the employer incorrectly declared the employment relationship ended, thereby refusing further employment. Consequently, the 14-day deadline for filing a reinstatement claim began on the day of this wrongful refusal rather than the date of the initial termination notice. The court ruled that the lower court erred in applying the statute of limitations by failing to account for the employer's procedural violation.

Legislator headnote

AI generated

Art. 67 k.p.; Art. 264 § 2 k.p.: When an employer wrongfully terminates an employment relationship by refusing further employment based on a mistaken belief that the relationship has ended, the 14-day limitation period for a reinstatement claim begins on the day of that refusal.

Keywords

AI generated
wrongful termination statute of limitations reinstatement claim employment relationship employer refusal

Cited Legislation

AI generated
Art. 67 k.p.
Art. 264 § 2 k.p.
Art. 265 k.p.
Art. 56 k.p.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 67 k.p
art. 264 § 2 k.p
art. 264 k.p
art. 386 § 6 k.p.c

Cited Case Law

AI generated
I PR 20/78
I PK 140/05
Teacher's employment terminates by operation of law upon final conviction for intentional crime, regardless of delayed administrative notification.
I PKN 607/99
Supreme Court dismisses teacher's appeal regarding six-month notice period for inactivity status termination under Labor Code.
II PK 274/07
I PK 548/03
Supreme Court dismissed cassation against patent royalty award, ruling procedural errors did not affect substantive correctness.
I PK 302/07
Supreme Court dismissed teacher's appeal, ruling preschool study completion does not equal pedagogical study for teaching qualifications.
II PK 211/07
Supreme Court dismissed appeal claiming labor contract existence is an alternative claim under Art. 67 K.P. when employer terminates contract.

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