Legislator Case Law & Legislation
I PKN 615/98 AI generated

Dismissal of cassation: removal from cooperative register requires loss of work ability, not just inability to reassign due to health.

Case Number I PKN 615/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a decision removing a cooperative member from the register due to health-related inability to reassign her. The lower courts found that the member could not accept physical jobs offered after her workplace closed, but the Supreme Court clarified that Article 194 § 1(2) of the Cooperative Law requires a formal finding of lost work capacity, not merely an inability to find new employment. Consequently, the removal was deemed unlawful as the statutory condition of total or significant loss of work ability was not met.

Legislator headnote

AI generated

Art. 194 § 1 pkt 2 Prawa spółdzielczego; The removal of a cooperative member from the register based on health grounds is valid only upon a finding of lost work ability, not merely the inability to reassign them to a different position.

Keywords

AI generated
Cooperative Law Work Capacity Removal from Register Health Impairment Cassation Appeal Labor Rights Reassignment

Cited Legislation

AI generated
Art. 194 § 1 pkt 2 Prawa spółdzielczego
Art. 199 Prawa spółdzielczego
Art. 393 § 12 KPC

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