Supreme Court dismissed cassation; employee's vacation start after long illness was not a breach of labor law.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by the employer against a labor court judgment. The plaintiff, an employee, had started a planned vacation immediately after a sick leave exceeding 30 days, which the employer argued violated the duty to report for work. The court held that the employer's termination was lawful because the employee's actions did not constitute intentional misconduct or gross negligence under the Labor Code. Consequently, the court found no legal error in the lower court's decision to terminate the contract.
Regesto Legislator
Generato dall'IAArt. 165 § 1 k.p.; Art. 229 § 2 k.p.; Art. 52 § 1 pkt 1 k.p.; The commencement of a planned vacation immediately after a long-term illness does not constitute a breach of the duty to report for work if the employee was not required to perform work duties during the vacation period.