Supreme Court allows reinstatement claim where employee's intent to return was shown before lawsuit filing. The one-year deadline for reinstatement claims under the Special Employment Rules Act is calculated from the date the employer receives the lawsuit copy, not the filing date, provided the employee demonstrated intent to return prior to filing. The court held that the procedural deadline for exercising the right to reinstatement under Article 12 of the Special Employment Rules Act is measured from the date the employer receives the lawsuit copy, not the filing date, provided the employee demonstrated intent to return prior to filing. The court ruled that the one-year deadline for exercising the right to reinstatement under Article 12 of the Special Employment Rules Act is measured from the date the employer receives the lawsuit copy, not the filing date, provided the employee demonstrated intent to return prior to filing.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's decision and remanded the case for a new trial. The plaintiff sought reinstatement after her employment contract was terminated due to the employer's financial difficulties, while the defendant argued the claim was time-barred. The court determined that the one-year deadline for reinstatement claims is calculated from the date the employer receives the lawsuit copy, not the filing date, provided the employee demonstrated intent to return before filing.
Legislator headnote
AI generatedArt. 12 ust. 1 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunku pracy z przyczyn dotyczących zakładu pracy; The one-year deadline for exercising the right to reinstatement is calculated from the date the employer receives the lawsuit copy, not the filing date, provided the employee demonstrated intent to return prior to filing.