Supreme Court dismissed cassation; employer's prior knowledge of misconduct negates delay in termination under Art. 52 § 2 KP.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by the employer against a labor court order reinstating the employee. The court found that the employer had previously been able to verify the employee's serious misconduct, meaning the statutory time limit for termination could not be calculated from the date of discovering the damage. Consequently, the court ruled that the employer's actions were not arbitrary and the reinstatement was not unreasonable, upholding the lower court's decision.
Regesto Legislator
Generato dall'IAArt. 52 § 2 KP; Art. 45 § 2 KP; Art. 56 § 1 KP; If an employer could have verified the employee's misconduct prior to the statutory deadline, the time limit does not run from the discovery of damage, and reinstatement is not unreasonable absent special circumstances negating the employee's right to choose.