Legislator Case Law & Legislation
I PKN 30/98 AI generated

Supreme Court dismissed cassation against dismissal, ruling reinstatement impossible due to lack of job availability.

Case Number I PKN 30/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 45 § 2 KP
Art. 38 KP
Art. 393 11 KPC
Art. 393 12 KPC

Cited Case Law

AI generated
I PRN 37/75

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