Labor dispute where dismissal of an appointed employee via appointment statute is treated as a defective termination of a contract.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially allowed the plaintiff's cassation appeal regarding a labor dispute involving an employee dismissed from an appointed position. The court found that while the dismissal was procedurally defective, it effectively terminated the employment relationship under the relevant labor code. Consequently, the plaintiff is entitled to damages for defective termination rather than reinstatement or full back pay.
Legislator headnote
AI generatedArt. 68 Kodeksu pracy; Art. 8 ust. 1 ustawy z dnia 2 lutego 1996 r. o zmianie ustawy - Kodeks pracy; Art. 45 Kodeksu pracy: A dismissal of an employee appointed under a specific statute, when executed by a successor organ and lacking proper form or cause, is legally equivalent to a defective termination of an employment contract, entitling the employee to damages under Article 45 of the Labor Code.