Legislator Case Law & Legislation
II PK 188/10 AI generated

Supreme Court dismisses appeal; continuous failure to undergo medical exams justifies immediate termination of academic teacher's contract.

Case Number II PK 188/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an academic teacher seeking reinstatement after his contract was terminated without notice. The court found that the teacher's repeated refusal to undergo mandatory medical examinations ordered by the university constituted a continuous breach of duty rather than a one-time incident. Consequently, the court ruled that such persistent non-compliance with health checks legally justifies the employer's right to terminate the employment relationship at any time.

Legislator headnote

AI generated

Art. 126 pkt 2 ustawy o szkolnictwie wyższym; Art. 229 § 4 k.p.: The obligation to undergo medical examinations is permanent, and a continuous failure to comply with such orders by an employee justifies the immediate termination of the employment contract at any moment.

Keywords

AI generated
continuous breach of duty medical examinations obligation termination without notice academic teacher contract persistent non-compliance

Cited Legislation

AI generated
Art. 126 pkt 2 ustawy z dnia 27 lipca 2005 r. - Prawo o szkolnictwie wyższym
Art. 229 § 4 k.p.
art. 229 § 4 k.p
art. 52 § 2 k.p
art. 211 pkt 4 k.p
art. 229 k.p
art. 226 k.p
art. 227 k.p

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text