Brak lojalności pracownika jako przyczyna rozwiązania umowy o pracę w orzecznictwie sądowym. Wybrane uwagi
Lack of Employee Loyalty as the Reason for Termination of the Employment Contract in Judicial Decisions. Selected Remarks

Summary/Abstract: The article refers to the violation of the principle of employee loyalty, which is an inseparable element of an employee’s legal relationship with the employer. Violation of duty of loyalty, in both Supreme Court and Common Courts case law, is a justified reason for termination of the employment contract in each mode, depending on the fulfillment of the conditions described under Article 45 or 52 of the Labour Code. In each case, the reason based on violation should be specified and referred to the general clauses contained in the provisions of the above articles adopted by the legislator. Lack of employee’s loyalty may also determine the non-consideration of his or her claims, even if there existed a breach of the provisions of the Labour Code when making a dismissal.

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