The employee is not always right in a labour court

Experience / 01.02.2023

The Law Firm’s lawyers represented one of the largest company in the logistics industry in south-eastern Poland in a legal dispute with an employee whose fixed-term employment contract had been terminated. The employee, following his dismissal, demanded from the employer (our Client) an award of severance pay on the basis of the provisions of the Act of March 13, 2003 on special principles of termination of labor relations with employees for reasons not related to employees.

Thanks to the help of our Law Firm the case ended in a success – that is the dismissal of the case against our Client.

The employee whose contract was terminated demanded a payment equal to a monthly wage for his work. He demonstrated before the court that the employer did not give him a reason for his termination, and he assessed that his dismissal was related to the geopolitical situation and the related problems of most companies in the transportation industry. The above, in the employee’s opinion, supported the idea that the reason for his dismissal must have been so-called economic reasons on the part of his employer.

Thanks to the full involvement of our team and tracing the employee’s employment history, and, above all, thoroughly investigating the reasons behind his dismissal and precisely establishing the circumstances surrounding the handing of the employee’s termination notice, we proved before the court that the primary reason that led to the employee’s dismissal was the employee’s own fault, which was the violation of his basic labour obligations. The court fully shared the argumentation presented by our lawyers in the course of the court proceedings, thanks to which the claim was dismissed.

The Client not only did not have to pay the employee a severance package, but also won the case in terms of image, as he demonstrated that those who violate their employment duties cannot count on lenient treatment at his company.

As the above case indicates, it is not always about money and the amount of severance pay, sometimes of greater importance is the image win, which in the future may shape the employer-employee relationship.