{"id":2933,"date":"2023-05-16T19:50:18","date_gmt":"2023-05-16T17:50:18","guid":{"rendered":"https:\/\/www.ecovis.com\/poland\/?p=2933"},"modified":"2023-05-16T20:26:48","modified_gmt":"2023-05-16T18:26:48","slug":"summary-dismissal","status":"publish","type":"post","link":"https:\/\/www.ecovis.com\/poland\/blog\/summary-dismissal\/","title":{"rendered":"Summary Dismissal"},"content":{"rendered":"

If an employee who has committed an act of serious misconduct, the employer is often faced with the dilemma of an appropriate response. There are essentially four available courses of action: disciplinary interviews, the imposition of a disciplinary penalty, termination of the employment contract or summary dismissal.\u00a0<\/em><\/p>\n

A moment should be devoted to summary dismissal, which is the most far-reaching measure, resulting in termination of the employment contract instantly (without notice) and, moreover, having very significant consequences for the employee.\u00a0<\/strong><\/p>\n

First of all, it should be pointed out that the basis for summary dismissal is a serious breach of fundamental employee\u2019s duties (serious misconduct). The most important element is the question of the severity of misconduct, as only qualified serious misconduct justifies parting with the employee under the summary procedure.<\/p>\n

However, when assessing the employee’s behaviour, two levels must be taken into account: the type of professional duty breached and the degree of culpability of the employee. With that said, the subjective element – fault<\/strong> – is crucial.<\/p>\n

Court case law is extremely strict in assessing the degree of fault of an employee as a premise for summary dismissal. The employer should therefore consider whether it is in its interest to take the questionable decision to terminate an employment contract without notice, which involves the risk of reinstatement with back pay or compensation ordered by the court.<\/strong><\/p>\n

It is impossible to create a complete catalogue of circumstances that justify summary dismissal. However, as an example, it is possible to point out cases that have been recognised as serious misconduct:<\/p>\n