Does the reason for termination without notice have to be precise? The latest ruling of the Supreme Court
Any decision to terminate a contract without notice can have serious consequences, both for the employer and the employee. However, the latest ruling of the Supreme Court (II PSK 103/23) is a step towards an interpretation favorable to employers.
Factual justification
The District Court for Warsaw-Praga-North dismissed R. G.’s claim, and the Warsaw-Praga Regional Court subsequently upheld the lower court’s judgment. Despite this, the employee’s attorney decided to file a cassation complaint with the Supreme Court, claiming that there had been a gross violation of labor laws. The whole situation was initiated by the decision of the employer, i.e. T. Ltd., which decided to terminate the employee’s contract without notice, justifying it by a serious breach of official duties. The employee disagreed with the decision and took the case to court, claiming compensation for wrongful termination.
What did the Supreme Court rule?
The Supreme Court ruled that the cassation complaint could not be accepted for review, even though there was a qualified violation of labor laws. However, as indicated in the justification, the prerequisite for accepting a cassation complaint for examination is not an obvious violation of a specific provision of substantive or procedural law, but a situation in which the violation resulted in a manifestly incorrect ruling. In the present case, according to the court, this was not the case.
The court pointed out that there is no doubt that in accordance with Article 30 § 4 of the Labor Code, in the event of termination of an employment contract without notice, the employer is obliged to indicate the reason justifying such a decision. Such a regulation is intended to enable the employee to defend himself against the employer’s substantively unjustified action. Thus, when it comes to the termination of an employment contract without notice, there should be no room for ambiguity: the employee has the right to know exactly why the employer is parting with him.
According to the Supreme Court, however, a lack of precision does not always mean a violation of the law, since an employer’s vague indication of the reason does not violate Article 30 § 4 of the Labor Code if, under the circumstances of the case, taking into account the information otherwise provided to the employee by the employer, it constitutes a sufficient specification of the reason.
Summary
A recent Supreme Court ruling from April 2024 confirms that clarity is key in termination cases. The employer should indicate to the employee in a precise and understandable way the reasons for termination without notice. If you have any questions or concerns in the field of labor law, we encourage you to contact our law firm. You can count on comprehensive service and full commitment at every stage of the case.