Supreme Court allows dismissal of labor contract due to refusal to follow orders when safety claims require expert evaluation.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court of Poland allowed the cassation appeal, remanding the case for a new decision on costs. The employee argued that refusing to move to a new office was justified by safety violations, while the employer cited the refusal as grounds for dismissal. The court held that the lower court erred by not ordering an expert safety assessment, as such an evaluation requires specialized knowledge under Article 278 of the Code of Civil Procedure.
Regesto Legislator
Generato dall'IAArt. 278 § 1 k.p.c.; Art. 217 § 2 k.p.c.; Art. 233 § 1 k.p.c.; Art. 378 § 1 k.p.c.; Art. 379 pkt 5 k.p.c.; Art. 393 § 13 § 1 k.p.c. - A refusal to follow work orders may justify dismissal only if the refusal is unfounded; where safety concerns are alleged, the court must order an expert assessment if specialized knowledge is required, and failure to do so constitutes a procedural violation affecting the outcome.