Refusal to be vaccinated and loss of trust in an employee – a Supreme Court ruling
The Supreme Court has ruled that a failure to undergo vaccination is not linked to a loss of trust in an employee. If an employer does not dispute an employee’s proper performance of duties, yet cites a loss of trust as the reason for dismissal, such a reason ceases to be specific, rendering the dismissal to be invalid.
The case concerned an employee of the Regional Blood Donation and Blood Transfusion Centre in Rzeszów who was dismissed for refusing to provide a declaration confirming vaccination against COVID-19; a loss of trust was cited as the reason for the dismissal. A court of first instance ruled that the dismissal was contrary to the Labour Code and reinstated the employee; the judgement was upheld by a court of appeal, and the Supreme Court.
The Supreme Court indicated that the employer had failed to establish a causal link between the refusal to provide proof of vaccination and the loss of trust. Nor was loss of trust alone, without any challenge to proper performance of duties, a sufficient reason for terminating the contract (Supreme Court judgment of 6 October 2026, II PSKP 25/26).