Legislator Case Law & Legislation
I PKN 557/98 AI generated

Supreme Court dismissed cassation, ruling that employee was reinstated despite temporary delays and partial task transfer.

Case Number I PKN 557/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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

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