Labor law: Art. 12 of the Special Rules Act does not apply to lawyer dismissal due to organizational changes.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a lawyer seeking reinstatement after his contract was terminated due to the company's organizational and economic changes. The lower court found the dismissal substantively justified by the need to reduce costs by outsourcing legal services to a civil law firm, despite procedural flaws in union consultation. The Supreme Court rejected the appeal because the cassation arguments incorrectly targeted the first instance court's evidence evaluation rather than the second instance court's handling of the union complaints.
Legislator headnote
AI generatedArt. 12 ust. 1 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; Art. 393 § 1 pkt 2 k.p.c.; The provision regarding organizational changes does not apply to the dismissal of a lawyer when the position is eliminated and legal services are outsourced to a civil law firm due to economic reasons.