Supreme Court dismissed appeal; employer's general ban and job elimination prevented re-hiring despite worker's return to work.

The Supreme Court dismissed the cassation appeal filed by Władysław B. against the Regional Court's rejection of his claim to re-employment. The court found that the employer had no vacant positions and issued a general ban on hiring new staff, while the employee's health had deteriorated to the point of unfitness for the specific role. Consequently, the court ruled that the employer correctly applied the statutory obligation to re-hire only when both a suitable vacancy and the employee's capability exist.