Legislator Case Law & Legislation
I PKN 473/98 AI generated

Supreme Court dismisses appeal, ruling employer must consider prior court order restoring employee to previous job conditions.

Case Number I PKN 473/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal against a labor court judgment ordering the reinstatement of an employee. The employee had successfully challenged a modified employment terms notice, and the employer subsequently attempted to terminate her contract due to store closure. The court held that the final judgment restoring the employee to her original position must be considered when evaluating the validity of the subsequent termination. Consequently, the employer's claim that the store closure justified the dismissal was rejected because it ignored the binding legal effect of the prior reinstatement order.

Legislator headnote

AI generated

art. 365 § 1 KPC; art. 45 § 1 KP: When an employer issues a final dismissal after a court has already ruled to restore an employee to work, the binding judgment regarding the restoration of previous conditions must be taken into account when assessing the validity of the dismissal.

Keywords

AI generated
labor law reinstatement order binding judgment employment termination cassation appeal store closure labor court

Cited Legislation

AI generated
art. 365 § 1 KPC
art. 45 § 1 KP
art. 6 ust. 1 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania stosunków pracy
art. 61 KC
art. 393 § 12 KPC

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