I PKN 740/99
AI generated
Family situation alone does not prove employer's dismissal violates social coexistence principles under Art. 8 KP.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the teacher's cassation appeal regarding her placement in non-active status. The court found that merely citing family responsibilities to support children was insufficient to prove the employer's action violated social coexistence principles. The decision emphasized that general clauses require specific factual justification and that the burden of proof for abuse of rights lies with the employee.
Legislator headnote
AI generatedArt. 8 KP; Art. 5 KC: General clauses like social coexistence principles serve to mitigate the effects of exercising a right within formal limits, but their application requires specific factual justification and cannot be invoked merely by citing family circumstances without concrete evidence of exceptional situations.
Keywords
AI generated
social coexistence principles
abuse of rights
burden of proof
non-active status
family circumstances
general clauses
labor law
Cited Legislation
AI generatedArt. 8 KP
Art. 5 KC
Art. 6 KC
Art. 300 KP
Art. 393 § 12 KPC