Supreme Court allows re-employment claim under group dismissal law, ruling gynecologist and cytologist are same profession.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland overturned the lower court's dismissal of a re-employment claim filed by a gynecologist against his employer. The plaintiff argued that the employer violated the group dismissal statute by hiring a cytologist instead of re-hiring him, while the lower court incorrectly classified cytologists as a different professional group. The court ruled that gynecologists and cytologists belong to the same professional category and that the law does not require re-employment at the exact former position or full working hours.
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; The employer's obligation to re-employ a dismissed worker within the same professional group is not limited to the former job title or working hours, and professional classification must be based on actual qualifications rather than specific job titles.