I PKN 557/98
AI generated
Supreme Court dismissed cassation, ruling that employee was reinstated despite temporary delays and partial task transfer.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the employer against a lower court's order to reinstate the employee. The court found that the employee had resumed her duties, even if some tasks were temporarily transferred to another person due to organizational delays. Consequently, the employer's claim that the reinstatement order was not executed was rejected as unfounded.
Legislator headnote
AI generatedArt. 45 § 1 Kodeksu pracy; Art. 393 § 12 Kodeksu postępowania cywilnego: Reinstatement to previous conditions is established by the employee's resumption of duties, not by the immediate restoration of all original tasks or the absence of temporary organizational delays.
Keywords
AI generated
reinstatement to previous conditions
labor contract termination
cassation appeal dismissal
employee duties resumption
organizational delays
labor law enforcement
employer counterclaim
Cited Legislation
AI generatedArt. 45 § 1 Kodeksu pracy
Art. 393 § 12 Kodeksu postępowania cywilnego
Art. 52 § 1 pkt 1 Kodeksu pracy
Art. 56 Kodeksu pracy
Art. 233 § 1 Kodeksu postępowania cywilnego
Art. 382 Kodeksu postępowania cywilnego