Lack of discipline as a reason for termination of the employment contract
The employer must indicate the reason justifying the dismissal in the statement terminating the employment contract with the employee. However, this only applies to contracts concluded for an indefinite period.
Lack of indication of the reason opens the employee’s way to bringing an appeal to the labor court. If the reason was indicated in the statement, sometimes there may be doubts as to its content, e.g. is the reason specific enough? Is the reason for termination fictitious? “Lack of employee discipline”. Is this wording correct?
To answer this question, first look at the personal files of the employee. This is where all information about the current employment history, prizes and penalties as well as other relevant annotations should be placed.
Let’s assume that in the employee’s personal file, there is an annotation of the employer that the employee was late for work twice – 25 minutes and 45 minutes, respectively. In such a situation, was the employer entitled to dismiss the employee, and as the reason write only “lack of work discipline”? In the light of current case-law, this question should be answered in the affirmative, because the reason for the dismissal was also due to other circumstances – i.e. the employee’s personal file.
Due to the fact that the documents supplementing the reason for termination are in the employee’s personal file, the employer is somehow exempted from describing in detail the reasons for terminating the employment contract in the declaration itself. In such a situation, it is assumed that the employee must have been aware of his previous reprehensible behavior, which led to termination of his employment relationship. Of course, it may happen that the employer only after the fact – for the proceedings before the labor court – will complete the personal file, e.g. documents testify that an employee has been warned or reprimanded.
However, such evidence can be challenged. The employer should prove the fact of not only posting but also receiving by the employee each reminder / reprimand.
KJS Legal law firm has extensive experience in conducting employee welding. We assist at every stage of the proceedings. Fighting unjustified termination of employment contracts is one of the most common cases in which we represent employees.
Attorney-at-law Joanna Susło
KJS Legal Kancelaria Adwokacka – Law firm in Wrocław
Advocate – Wrocław – Labour Law in Poland