Legislator Case Law & Legislation
I PKN 621/98 AI generated

Supreme Court allows lawyer's dismissal by offering new role, citing statutory misapplication error.

Case Number I PKN 621/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the lawyer's termination claim and remanded the case for a new ruling. The plaintiff argued that the employer violated the Lawyers Act by dismissing her from her legal role, while the employer claimed the dismissal was lawful due to organizational changes. The court found the lower court erred by citing non-existent articles instead of the correct provisions, ruling that the Lawyers Act does not prohibit transferring a lawyer to a different position.

Legislator headnote

AI generated

Art. 1 ust. 1, art. 4, art. 9 ust. 4 of the Lawyers Act; The provisions of the Lawyers Act do not constitute an obstacle to dismissing a lawyer from their legal position by offering them another position, as the Act applies only to the specific legal role.

Keywords

AI generated
Lawyers Act dismissal of employment organizational changes statutory misapplication legal profession regulations remand for retrial change of position

Cited Legislation

AI generated
Art. 1 ust. 1 of the Lawyers Act
Art. 4 of the Lawyers Act
Art. 9 ust. 4 of the Lawyers Act
Art. 393 § 1 of the Code of Civil Procedure
Art. 108 § 2 of the Code of Civil Procedure

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text