Legislator Case Law & Legislation
I PKN 104/98 AI generated

Supreme Court dismissed cassation, ruling Art. 45 § 2 Labor Code applies beyond force majeure to internal management changes.

Case Number I PKN 104/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a labor dispute judgment. The lower courts awarded damages for wrongful dismissal based on the employee's agreement to early termination and the subsequent appointment of a new management board. The Supreme Court held that Article 45 § 2 of the Labor Code applies not only to force majeure but also to other factual situations where reinstatement is unfeasible or counterproductive, such as internal organizational changes.

Legislator headnote

AI generated

Art. 45 § 2 Kodeksu pracy; The provision regarding damages for termination of employment applies not only to changes caused by force majeure or unforeseen events but also to other factual circumstances where reinstatement is unfeasible or counterproductive.

Keywords

AI generated
Labor Code Article 45 Wrongful dismissal damages Force majeure exception Internal management change Cassation procedure Employment contract termination Supreme Court review

Cited Legislation

AI generated
Art. 45 § 2 Kodeksu pracy
Art. 393 § 12 Kodeksu postępowania cywilnego

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