I PKN 217/97
AI generated
Supreme Court dismisses appeal for returning employee to a different job than the one previously held under Labor Code. The court finds the lower court erred in applying the law regarding job changes and termination reasons.
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the employer's cassation appeal, sending the case back to the regional court for retrial. The employer argued that the lower court incorrectly applied labor laws regarding job changes and economic reasons for termination. The court ruled that the lower court erred in its legal assessment of the employment contract modification and the specific provisions regarding returning an employee to a different position.
Legislator headnote
AI generatedArt. 45 § 1 KP; Art. 42 § 4 KP; Art. 60 KC; Art. 325, 328 KPC; Art. 393 § 13 KPC: Returning an employee to a position different from the one previously held is impermissible under the Labor Code.
Keywords
AI generated
Labor Code
employment contract
job change
termination reasons
cassation appeal
different position
labor dispute
Cited Legislation
AI generatedArt. 45 § 1 KP
Art. 42 § 4 KP
Art. 60 KC
Art. 325 KPC
Art. 328 KPC
Art. 393 § 13 KPC
Art. 10 of the Act of 28 December 1989 on special rules for resolving labor relations with employees for reasons related to the employer