Legislator Case Law & Legislation
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.

Case Number I PKN 249/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 45 § 2 Kodeksu pracy
Art. 393 § 1 pkt 2 KPC
Art. 393 § 11 KPC

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