I PKN 249/98
AI generated
Supreme Court dismissed appeal when employer's interest in not reinstating employee was deemed valid and non-procedural error absent.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal against a labor court decision refusing reinstatement after termination. Although the termination was found invalid due to the employee's sick leave, the court determined reinstatement was futile because a new management board had been elected. The court ruled that the lower court's finding of non-purposefulness for reinstatement was a valid factual basis under the Labor Code, not a procedural violation.
Legislator headnote
AI generatedArt. 45 § 2 Kodeksu pracy; Art. 393 § 1 pkt 2 KPC: A labor court's refusal to reinstate an employee is lawful if it finds reinstatement to be non-purposeful due to the employer's legitimate interests, and the cassation appeal lacks a procedural ground under Art. 393 § 1 pkt 2 KPC.
Keywords
AI generated
labor code
reinstatement
non-purposefulness
cassation appeal
procedural error
termination invalidity
employer interest
Cited Legislation
AI generatedArt. 45 § 2 Kodeksu pracy
Art. 393 § 1 pkt 2 KPC
Art. 393 § 11 KPC