Legislator Case Law & Legislation
I PRN 50/94 AI generated

Supreme Court rules that transferring a dismissed employee to another job without consent does not constitute abandonment of work.

Case Number I PRN 50/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
dismissal notice period unilateral transfer of duties abandonment of work employee consent required labor law supremacy

Cited Legislation

AI generated
Art. 70 § 1 k.p.
Art. 71 k.p.
Art. 65 § 1 k.p.
Art. 52 § 1 zd. 1 ustawy z dnia 16 września 1982 r. Prawo spółdzielcze
Art. 68 § 1 k.p.
Art. 422 § 2 k.p.c.
art. 70 § 1 k.p
art. 71 k.p
art. 65 § 1 k.p
art. 68 § 1 k.p

Cited Case Law

AI generated
III PZP 45/87

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