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I PRN 35/96 AI generated

Supreme Court allows co-op worker's claim for reinstatement over damages due to economic redundancy dismissal.

Case Number I PRN 35/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court set aside lower court rulings that awarded damages instead of reinstatement to a cooperative worker dismissed due to economic necessity. The worker argued the dismissal violated specific cooperative labor laws, while the employer claimed economic redundancy justified termination without assessing qualifications. The court ruled that members of a cooperative labor union have a unique obligation to remain employed, making damages an inappropriate remedy when statutory conditions for dismissal are met.

Legislator headnote

AI generated

art. 184, 187, 188, 191, 196, 199 Prawa spółdzielczego; art. 45 § 1 k.p.; In a cooperative labor relationship, a member dismissed due to economic necessity must seek reinstatement rather than damages, as the nature of the contract imposes an obligation to remain employed.

Keywords

AI generated
cooperative labor law economic redundancy dismissal reinstatement remedy cooperative member obligation statutory dismissal conditions labor union rights damages vs reinstatement

Cited Legislation

AI generated
art. 184, 187, 188, 191, 196, 199 of the Cooperative Law
art. 45 § 1 of the Labor Code
art. 421 § 2 of the Code of Civil Procedure
art. 422 § 2 of the Code of Civil Procedure
art. 46 k.p
art. 77 § 2 k.p
art. 45 § 1 k.p
art. 421 § 2 k.p.c
art. 422 § 2 k.p.c

Cited Case Law

AI generated
I PR 107/85
III PZP 41/68

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