Usprawiedliwiona nieobecność pracownika w pracy jako przyczyna uzasadniająca wypowiedzenie umowy o pracę zawartej na czas nieokreślony...
The employee's justified absence in work as a reason justifying termination of the contract of employment for an unfixed term...

Summary/Abstract: The article is refered to the analysis of the jurisdictions of the Supreme Court involve the qualifications of the employee's unjustified absence from work as a reason justifying termination of the employee's contract of employment. The employee's absence from work, because of family or health-related reasons, according to the biding regulations, is justified. In the Supreme Court's jurisdiction, absence in particular actual situations can constitute a justifiable reason of termination of the contract of employment for an unfixed term. In many jurisdictions, the Supreme Court took a position claiming that the reason for termination may also constitute the circumstances independent of the employee, if a justified employer's interest weighs in favour of them. The circumstances in question, according to the Supreme Court, involve an often or long-lasting employee's justified absence caused by health or familyrelated reasons, even though through no fault of the employee and formally justified, if it disorganizes the process of work in the institution. Thus, termination of the contract of employment must be weighed with a justified employer's interest, i.e. there must be a causal relationship between the absence of a concrete employee and the violation of employer's interests (the employer must prove that despite a proper organization of the process of work, he/she suffers the consequences, i.e. the employee's absence disorganizes the process of work.

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