Legislator Case Law & Legislation
I PKN 63/97 AI generated

Supreme Court dismisses reinstatement claim when workplace conflict makes return unreasonable, allowing damages instead.

Case Number I PKN 63/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a labor court decision denying her request to be reinstated to her position. Although the school had improperly terminated her contract without notice, the court found that a serious conflict between the plaintiff and her supervisor made reinstatement unreasonable and counterproductive. Consequently, the court upheld the lower courts' ruling to deny reinstatement but acknowledged the school's obligation to pay damages as an alternative remedy.

Legislator headnote

AI generated

Art. 56 § 1 i 2 KP w związku z art. 45 § 2 KP; If reinstatement is unreasonable due to serious workplace conflict, the labor court may deny the request and award damages instead.

Keywords

AI generated
labor contract termination unreasonable reinstatement workplace conflict alternative remedy damages labor law cassation

Cited Legislation

AI generated
Art. 56 § 1 i 2 KP w związku z art. 45 § 2 KP
Art. 8 KP
Art. 477 § 2 KPC
Art. 393 § 12 KPC

Cited Case Law

AI generated

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