Legislator Case Law & Legislation
I PKN 445/97 AI generated

Supreme Court allows reinstatement claim when employer hires new staff in same professional group, not just specific role.

Case Number I PKN 445/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of Ewa D.'s claim for reinstatement after her economic dismissal. The employer argued no new employee was hired, but the lower court failed to verify this fact despite the plaintiff's evidence. The Supreme Court ruled that the right to reinstatement arises if the employer intends to hire a new person in the same professional group, not merely the specific position, and ordered the case remanded for fact-finding.

Legislator headnote

AI generated

Art. 12 of the Act of 28 December 1989 on special rules for terminating employment relationships with employees for reasons relating to the undertaking; the right to reinstatement arises if the employer intends to employ a new person in the same professional group performing a set of internally consistent professional activities, not limited to the specific job position.

Keywords

AI generated
economic dismissal reinstatement right professional group specific position labor law remand for facts employment termination

Cited Legislation

AI generated
Art. 12 of the Act of 28 December 1989 on special rules for terminating employment relationships with employees for reasons relating to the undertaking and on amending certain Acts
Art. 233 § 1 of the Code of Civil Procedure
Art. 328 § 2 of the Code of Civil Procedure
Art. 393 § 13 of the Code of Civil Procedure

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