Supreme Court dismisses appeal; illegal termination during notice period yields only Art. 60 k.p. damages, excluding Art. 45 k.p. claims.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by an employee against a company regarding the termination of their employment contract. The lower court had awarded damages based on illegal termination, but the Supreme Court ruled that when a termination is performed without notice during a valid notice period, the employee is entitled solely to damages under Article 60 of the Labor Code. The court reasoned that allowing claims under Article 45 of the Labor Code would create a double sanction for the employer and that the compensation under Article 60 already covers the loss of wages for the notice period.
Regeste Legislator
Généré par l'IAArt. 60 k.p.; Art. 45 § 1 k.p.: In the event of an unlawful termination of an employment contract without notice performed during a notice period, the employee is entitled only to damages under Art. 60 k.p. and cannot simultaneously claim damages under Art. 45 § 1 k.p.