Legislator Case Law & Legislation
I PKN 187/97 AI generated

Dismissal of cassation: dismissal of working conditions deemed unjustified due to health incompatibility with proposed role.

Case Number I PKN 187/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a lower court ruling that reinstated her to her original position. The lower court found the employer's proposal of a different job incompatible with the employee's medical restrictions regarding heavy lifting. The Supreme Court upheld this decision, ruling that the employer failed to consider the employee's health and qualifications when changing her working conditions.

Legislator headnote

AI generated

Art. 42 § 1, 2 in conjunction with Art. 45 § 1 of the Labour Code; dismissal of working conditions is unjustified if the proposed position is incompatible with the employee's health status.

Keywords

AI generated
dismissal of working conditions health incompatibility labour code provisions medical restrictions employer obligations cassation appeal reinstatement of employment

Cited Legislation

AI generated
Art. 42 § 1 and 2 of the Labour Code
Art. 45 § 1 of the Labour Code
Art. 3 of the Code of Civil Procedure
Art. 224 § 1 of the Code of Civil Procedure
Art. 232 of the Code of Civil Procedure
Art. 393 § 12 of the Code of Civil Procedure

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