Supreme Court dismissed appeal; employer's refusal of training leave is not illegal work instruction under Polish Labor Code.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the employee's cassation appeal against the lower court's judgment upholding the employer's termination. The employee argued that the employer's refusal to grant leave for professional training violated specific regulations, yet the court found the refusal was not a work instruction subject to legal prohibition. Consequently, the court ruled that the employee's subsequent absence constituted a breach of duties, rendering the termination lawful despite the alleged regulatory conflict.
Regesto Legislator
Generato dall'IAArt. 100 § 1 k.p.; § 13 rozporządzenia Ministra Pracy i Polityki Socjalnej z dnia 15 maja 1996 r.: A refusal by an employer to grant leave for professional training is not a work instruction prohibited by law, and thus the employee's failure to work following such refusal constitutes a breach of duties.