Supreme Court dismisses dismissal for business reasons when employee refuses retraining for a worse role.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court allowed the plaintiff's claim for severance pay after overturning a lower court's dismissal of the case. The plaintiff was terminated due to the elimination of his technical inspector position, but the employer argued his refusal to accept a security guard role justified the termination. The court ruled that the employer's primary reason was the business necessity of closing the original role, not the employee's rejection of a demotion requiring new training and worse conditions. Consequently, the court ordered the bank to pay the statutory severance amount.
Legislator headnote
AI generatedArt. 10 ust. 1 ustawy z dnia 28 grudnia 1989 r.; Art. 8 ust. 1 ustawy z dnia 28 grudnia 1989 r.: The termination of an employment contract based on business reasons remains valid even if the employee refuses a reassignment to a different position, provided the original reason for termination was the elimination of the specific role and not the refusal itself.