Supreme Court dismisses extraordinary review for non-gratious dismissal of monetary compensation claim due to ambiguous statutory language.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the Minister of Justice against a lower court's order granting monetary compensation to an employee. The lower court ruled that the employee was entitled to compensation because she accepted a new job at a different facility without receiving a formal employment offer from the new employer before her previous contract ended. The Supreme Court agreed that a preliminary agreement with a new employer is required to bar compensation but held that the lower court's interpretation was not a flagrant violation of law. Consequently, the review was rejected because the statutory provision was ambiguous and the error did not meet the high threshold for a flagrant violation.
Legislator headnote
AI generatedArt. 8 ust. 3 pkt 2 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; A flagrant violation of law requires a precise statutory provision, and ambiguous rules cannot be deemed flagrant violations merely because a court's interpretation differs from the literal text.