I PKN 71/97
Généré par l'IA
Employee dismissed for drunk work cannot rely on employer's procedural errors in proving misconduct.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the employee's cassation appeal regarding his dismissal for drunk work. The employee argued that the employer failed to follow internal procedures for investigating his drunkenness, citing a lack of witness testimony and conflicting expert opinions. The court held that while the employer had procedural flaws, the employee's gross violation of duties was clearly established by the facts, preventing him from successfully challenging the dismissal based on those errors.
Regeste Legislator
Généré par l'IAArt. 52 § 1 pkt 1 KP; Art. 393 § 12 KPC: An employee who grossly violates basic duties cannot effectively rely on the employer's procedural errors in establishing such a violation to avoid dismissal.
Mots-clés
Généré par l'IA
gross violation of duties
drunk work dismissal
procedural errors defense
labor law cassation
burden of proof employer
Dispositions légales citées
Généré par l'IAArt. 52 § 1 pkt 1 KP
Art. 393 § 12 KPC