Dismissal of appeal: Defamation by union member during non-work time constitutes serious breach of duties under Art. 52 § 1 k.p.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the appeal against a regional court's decision to reject the employee's claim for reinstatement. The court found that the employee, a union official, committed defamation and insulted management during a board meeting, an act constituting a serious breach of employment duties under Article 52 § 1 of the Labor Code. Although the employee was not working at the time of the incident, the court ruled that such behavior, involving intentional criminal acts against an organ member, justified termination and made reinstatement contrary to the social-economic purpose of the right to return to work.
Regeste Legislator
Généré par l'IAArt. 52 § 1 pkt 1 k.p.; Art. 45 § 2 k.p.; Art. 8 k.p.; Art. 32 ust. 1 ustawy o związkach zawodowych; Art. 393 § 1 k.p.c.: Defamation by an employee, even occurring outside working hours, constitutes a serious breach of duties justifying termination, and reinstatement is denied when the employee's conduct undermines the social-economic purpose of the right to return to work.