Failure to receive a recommended letter twice creates a presumption of access, shifting the burden of proof to the employee.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by a teacher against her employer's termination. The court found that the employer's letter containing the termination notice was sent via recommended mail twice, creating a factual presumption that the employee could have accessed its contents. Consequently, the burden of proof regarding obstacles preventing receipt fell on the employee, who failed to provide evidence of such barriers. The court ruled that the termination was effective upon the date the employee could have read the letter, making the missed appeal deadline intentional or negligent.
Regeste Legislator
Généré par l'IAArt. 61 k.c.; Art. 300 k.p.: The failure to receive a recommended letter twice creates a factual presumption of access, shifting the burden of proof to the recipient to demonstrate obstacles preventing receipt.