Polish Supreme Court dismissed appeal; employee's conflicting business activity justifies dismissal regardless of fault.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Polish Supreme Court dismissed the plaintiff's cassation appeal regarding his termination from employment due to a conflicting private business. The court held that an employee engaging in a competing trade must exercise special care to avoid endangering the employer's reputation, and such conflict justifies dismissal regardless of fault. Consequently, the court ruled that the employer's right to dismiss based on the mere risk of conflict outweighs the need for additional evidentiary proceedings.
Regesto Legislator
Generato dall'IAart. 381, art. 382, art. 227, art. 233 § 1, art. 316 § 1, art. 328 § 2, art. 393 § 12 k.p.c.: An employee conducting a business activity conflicting with their role as a party to an employment contract must exercise special care to avoid endangering the employer's good name; their behavior failing this requirement constitutes a valid ground for dismissal regardless of fault.