Supreme Court dismisses appeal; employer's dismissal invalid due to employee's statutory leave, making reinstatement moot.
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal regarding the reinstatement of an employee who took statutory leave. The lower courts had ordered reinstatement based on the employee's alleged breach of duties, but the Supreme Court found the dismissal procedurally invalid because the statutory leave automatically terminated the employment contract. Consequently, the court ruled that reinstating the employee was legally impossible as the contract had already expired, rendering the lower court's decision on reinstatement without a factual basis.
Legislator headnote
AI generatedArt. 25 ust. 3 ustawy o samorządzie terytorialnym; Art. 41, 62, 67 Kodeksu pracy: When an employment contract terminates automatically due to statutory leave, a subsequent dismissal by the employer is invalid, making any claim for reinstatement legally moot.