I PKN 30/98
AI generated
Supreme Court dismissed cassation against dismissal, ruling reinstatement impossible due to lack of job availability.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by four long-term employees against their dismissal from a cooperative. The lower courts found the employer violated consultation procedures but correctly determined that reinstatement was impossible because the workers could not be employed again. The court upheld this factual finding, rejecting the argument that the dismissal was unlawful.
Legislator headnote
AI generatedArt. 45 § 2 KP; Art. 38 KP; If reinstatement is objectively impossible due to lack of job availability, the dismissal is not considered unlawful despite procedural violations.
Keywords
AI generated
reinstatement to work
economic dismissal
union consultation
objective impossibility
cassation review
labor dispute
cooperative employment
Cited Legislation
AI generatedArt. 45 § 2 KP
Art. 38 KP
Art. 393 11 KPC
Art. 393 12 KPC
Cited Case Law
AI generatedI PRN 37/75