In the event that the courier has not delivered a announcement in an appropriate manner during the pandemic, the erstwhile employer may be required to pay compensation to the redundant individual for the infringement.
Such conclusions come from the judgement of the territory Court for Warsaw Prague-South, which obliged the company to pay over 18.5 1000 PLN compensation to a individual who was not delivered by transportation of his resignation. In practice, the man claimed compensation for incorrect termination of the employment contract. Despite the company's claims that the termination message was sent by letter, and the date erstwhile this was to take place, the court established that on that day the man was present at the address indicated, taking care of a sick household member.
The court besides found that the reason for the company's decision was prolonged, due to a illness of incapacity for the work of an employed man. The solution came without indicating his guilt and without formal notice.
It is worth noting that the transportation of papers was sent through a courier company, while giving the telephone number of the recipient. The court noted that the events took place in mid-March 2020, just after the outbreak of the coronavirus pandemic in Poland. Due to safety, courier companies then introduced regulations that did not require the courier to contact the recipient of the consignment or to get its signature confirming receipt.
On the card concerning the consignment for the worker of the company, there was barely a clear replacement signature, the worker did not sign or first the document. The court found that the courier did not effort to contact the addressee in order to deliver the consignment or to notify him of its broadcast. It was only after 2 weeks that the dismissed worker received a work certificate from the employer, which was the only paper confirming his departure from the company.
During the examination of the case, the court pointed out that a individual whose contract was terminated in a way contrary to the provisions of the Labour Code is entitled to compensation – and the court decides to pay him or to reinstate the employee. The court assessed that in this case it could not be assumed that the man had a real chance to read the papers sent to him – he was unaware that the company had sent him any letter, and neither the boss nor the courier made any effort to contact him.
The assessment of specified an event could be different in the case of a subordinate who would consciously avoid receiving. “If an employee, having a real chance to read the content of the declaration of will, of his own free will, intentionally does not undertake a consignment containing that declaration or refuses to accept, it must be assumed that it has been effectively filed with him,” the court noted.
Judgment given in the present case under the signature of the Act: VI P 147/20 is final.
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