I PKN 306/98
AI generated
Employee misuse of bank funds via checks justified dismissal and damages, not reinstatement.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal seeking reinstatement after her employer terminated her contract due to unauthorized use of bank funds. The court found that the employee repeatedly issued 42 uncovered checks over several months, violating her duty of loyalty and causing the employer to lose trust. Consequently, the court ruled that reinstatement was unreasonable and awarded damages instead, upholding the lower court's decision based on the Labor Code.
Legislator headnote
AI generatedart. 56 § 2 KP; art. 45 § 2 KP; art. 100 § 2 pkt 4 KP: An employee's repeated unauthorized use of employer funds constitutes a breach of loyalty and loss of trust, justifying dismissal and damages rather than reinstatement.
Keywords
AI generated
unauthorized fund usage
loss of employer trust
termination of employment
reinstatement claim
damages award
labor code provisions
employee loyalty duty
Cited Legislation
AI generatedart. 56 § 2 KP
art. 45 § 2 KP
art. 100 § 2 pkt 4 KP
art. 393 12 KPC
art. 102 KPC
art. 393 19 KPC
art. 391 KPC