Legislator Case Law & Legislation
I PKN 515/97 AI generated

Supreme Court dismissed appeal regarding temporary work assignment legality and standing to sue.

Case Number I PKN 515/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that declared her temporary reassignment to cleaning duties unlawful. The defendant argued the plaintiff lacked legal standing because she was currently sick and the order had expired, while also contesting whether the cleaning job matched her qualifications. The court rejected the standing argument, noting the plaintiff had a legitimate interest in challenging the unlawful order during its validity period, and clarified that the temporary work must not exceed the employee's qualifications.

Legislator headnote

AI generated

Art. 189 KPC; Art. 42 § 4 KP: A party has standing to request a court to determine the existence or non-existence of a legal relationship or right when they have a legal interest in it, which exists as long as the obligation to perform the temporary work order persists, and the temporary work must not exceed the employee's qualifications.

Keywords

AI generated
legal standing in labor disputes temporary work assignment legality qualification matching requirements cassation appeal dismissal labor law interpretation

Cited Legislation

AI generated
Art. 189 KPC
Art. 42 § 4 KP
Art. 393 § 15 KPC

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