Legislator Case Law & Legislation
I PKN 572/97 AI generated

Supreme Court dismisses appeal, upholding that hiring a replacement does not make reinstatement impossible or pointless under labor law.

Case Number I PKN 572/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court's decision to reject a request for reinstatement. The plaintiff argued that the employer's failure to apply Article 45 § 2 of the Labor Code was an error, while the employer contended that hiring a new employee did not render reinstatement pointless. The court ruled that hiring a replacement is insufficient to deem reinstatement impossible or pointless without further specific circumstances, and since the employer did not raise this issue during the proceedings, the lower court acted correctly.

Legislator headnote

AI generated

Art. 382 KPC; Art. 45 § 2 KP: The Supreme Court may supplement factual findings based on first-instance evidence; hiring a new employee does not automatically render reinstatement impossible or pointless under Article 45 § 2 of the Labor Code.

Keywords

AI generated
labor law appeal reinstatement to work impossibility of reinstatement pointless reinstatement labor code article 45 cassation procedure factual findings

Cited Legislation

AI generated
Art. 382 KPC
Art. 45 § 2 KP
Art. 393 § 12 KPC

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