I PKN 187/97
AI generated
Dismissal of cassation: dismissal of working conditions deemed unjustified due to health incompatibility with proposed role.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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