Legislator Case Law & Legislation
II PK 69/11 AI generated

Supreme Court dismisses claim that employer's delayed wage payment justifies termination without notice.

Case Number II PK 69/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court ruling awarding damages for unjustified termination of the employment contract. The employee argued that the employer's failure to pay wages on time constituted a serious breach justifying immediate termination under Article 55 § 11 of the Labor Code. The court held that the employer's inability to pay did not negate the breach, as the right to claim damages arose precisely because the employer failed to fulfill its payment obligation. Consequently, the court found no grounds to limit the damages based on social coexistence principles.

Legislator headnote

AI generated

Art. 55 § 11 k.p.; Art. 8 k.p.: The failure of an employer to pay wages on time does not constitute a serious breach justifying termination without notice, and the employer's subsequent inability to pay does not preclude the claim for damages.

Keywords

AI generated
termination without notice unjustified dismissal delayed wage payment serious breach of contract social coexistence principles labor code provisions cassation appeal dismissal

Cited Legislation

AI generated
Art. 55 § 11 k.p.
Art. 8 k.p.
Art. 611 k.p.
Art. 39813 § 1 k.c.
Art. 39815 § 1 k.p.c.
Art. 108 § 2 k.p.c.
39821 k.p.c.
art. 55 § 11 k.p
art. 611 k.p
art. 8 k.p

Cited Case Law

AI generated
wyrok z dnia 29 kwietnia 2005 r., III PK 2/05 (OSNP 2005 nr 23, poz. 372)
III PK 2/05
Employee's immediate resignation entitles employer to damages regardless of actual loss suffered.
III CZP 64/84

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