DISCIPLINARY DISMISSAL

Every workplace operates as a living organism, gradually developing its own internal, often unwritten practices. While many of these customs are harmless and help structure the daily workflow, some may diverge from formal policies, internal regulations, or even legal standards. According to recent case law from the Polish Supreme Court, an employer’s knowledge of and tolerance for such irregularities can significantly impact the legitimacy of a disciplinary dismissal. 

TOLERATED IMPROPER PRACTICES 

In a case examined by the Supreme Court, a manager at a grocery chain store logged into the store’s system using another employee’s account after his own shift had ended, in order to assist staff with customer service. 

Upon discovering this, the employer initiated disciplinary dismissal proceedings, citing a serious breach of fundamental employee duties – namely, the obligation to act in the best interest of the company, safeguard company property, comply with workplace rules and internal regulations, and observe principles of social conduct. 

However, during the court proceedings initiated by the dismissed employee, it became evident that the practice of logging into the system under other employees’ accounts, while technically against company policy, was common knowledge among supervisors and had been tolerated for some time. Despite knowing it violated internal rules, the employer had never taken steps to curtail the behavior. 

Furthermore, the court established that the employer had suffered no actual harm as a result of the manager’s actions. In fact, those actions contributed to increased operational efficiency and helped the store meet its performance targets. 

CONSEQUENCES OF TOLERATING IRREGULAR PRACTICES 

Based on the evidence presented, the Supreme Court concluded that behavior tolerated by the employer – even if contrary to official workplace policies – cannot serve as grounds for disciplinary dismissal. 

In practice, this means that an employer who passively allows practices that violate internal procedures or employment rules cannot later rely on these same practices as justification for disciplinary termination. If the behavior is common and repeated by multiple employees, it cannot be deemed a gross violation of fundamental duties. 

In light of this ruling, employers should review existing workplace practices to ensure they align with current regulations and internal policies. Only the consistent and genuine enforcement of company rules will provide legal protection in potential future litigation. 

If you have any questions or concerns regarding internal practices or workplace policies within your organization, we encourage you to consult with our experts.