I PKN 268/98
AI generated
Supreme Court dismisses request to reinstate employee to a job they never held, awarding damages instead.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland partially allowed the plaintiff's cassation appeal regarding her termination from a chemical plant. The lower courts had reinstated her to a cleaning position she had never held or accepted, which the Supreme Court ruled was illegal under Article 56 of the Labor Code. Consequently, the court ordered the employer to pay statutory compensation for the wrongful dismissal rather than reinstatement.
Legislator headnote
AI generatedArt. 56 § 1 KP; Art. 393 § 15 KPC: Reinstatement to a position never previously held is unlawful; instead, the court must award damages based on established facts.
Keywords
AI generated
Labor Code Article 56
Wrongful Dismissal
Reinstatement to Job
Cassation Procedure
Statutory Damages
Labor Dispute
Supreme Court
Cited Legislation
AI generatedArt. 56 § 1 KP
Art. 393 § 15 KPC
Art. 45 § 2 KP
Art. 98 KPC
Art. 109 KPC
art. 87 ust. 1 Konstytucji RP
Cited Case Law
AI generatedI PKN 217/97
Supreme Court dismisses appeal for returning employee to a different job than the one previously held under Labor Code. The court finds the lower court erred in applying the law regarding job changes and termination reasons.
I PKN 326/97
Supreme Court partially allowed cassation regarding late-added claims and procedural errors in labor dispute.