Legislator Case Law & Legislation
X P 992/13 AI generated

Social inspector reinstated to work; damages rejected due to special statutory protection and lack of union consent issues.

Case Number X P 992/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court reinstated the plaintiff, a social labor inspector, to his position after dismissing the employer's claim of serious disciplinary violations. While the employer argued for dismissal based on alleged rule breaches, the court found these did not constitute grounds for termination under the Labor Code. Consequently, the plaintiff's request for monetary damages was rejected because his special status as a social inspector precluded the alternative remedy of compensation.

Legislator headnote

AI generated

Art. 52 § 2 k.p.; Art. 45 § 3 k.p. in conjunction with Art. 56 § 2 k.p.; Art. 109 § 1 k.p.c.: A social labor inspector is granted special protection preventing dismissal for minor violations and barring alternative claims for damages unless the employer is insolvent; procedural costs expire if not claimed before the closing of the hearing.

Keywords

AI generated
social labor inspector special protection status dismissal without notice reinstatement to work procedural costs expiration disciplinary violations union consent requirement

Cited Legislation

AI generated
Art. 52 § 2 k.p.
Art. 45 § 3 k.p. in conjunction with Art. 56 § 2 k.p.
Art. 41 § 1 k.p.
Art. 109 § 1 k.p.c.
art. 8 k.p
art. 52 § 2 k.p
art. 52 § 1 pkt 1 k.p
art. 30 § 4 k.p
art. 52 k.p
art. 52 § 1 ust. 1 k.p

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