Supreme Court rules that transferring a dismissed employee to another job without consent does not constitute abandonment of work.
Legislator summary
AI generatedThe Supreme Court of Poland partially overturned lower court decisions regarding a dispute between an employee and a cooperative. The employee was dismissed from his position but was not given consent to be transferred to a different role during the notice period, leading him to refuse work at the new location. The court held that such a unilateral transfer violates labor law, meaning the employee's absence did not amount to abandoning his job. Consequently, the lower courts' finding that the employment relationship ended due to abandonment was corrected, and the case was remanded for further proceedings.
Legislator headnote
AI generatedArt. 70 § 1 k.p.; Art. 71 k.p.; Art. 65 § 1 k.p.: An employer cannot unilaterally transfer a dismissed employee to a different position during the notice period without the employee's consent; such absence does not constitute abandonment of work.