II PK 123/09
AI generated
Appeal dismissed; granting vacation leave to an employee sick on request violates labor law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal regarding the reinstatement of an employee who was sick. The lower court found that the employer's dismissal was unjustified because granting vacation leave to a sick employee violates labor law. The court ruled that an obligation to grant leave on request does not exist when the employee is legally unable to work due to illness.
Legislator headnote
AI generatedArt. 1672 k.p.; Art. 45 § 1 k.p.: Granting vacation leave to an employee unable to work due to illness violates labor law and cannot serve as a valid ground for dismissal.
Keywords
AI generated
vacation leave on request
employee sick on request
unjustified dismissal
labor law violation
reinstatement of employment
Cited Legislation
AI generatedArt. 1672 k.p.
Art. 45 § 1 k.p.
Art. 229 § 2 k.p.
Art. 398 § 14 k.p.c.
art. 1672 k.p
art. 45 § 1 k.p
art. 45 k.p
art. 65 k.c
art. 300 k.p
art. 31 k.p