Legislator Case Law & Legislation
I PKN 110/99 AI generated

Supreme Court dismisses appeal when employee's brief conflict with supervisor does not justify denying reinstatement.

Case Number I PKN 110/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the employer's appeal, reinstating the employee to his former position. The court found that the employee's brief absence due to a sudden construction project delay did not constitute a serious, long-term, or deeply rooted conflict with his supervisor. Consequently, the lower court's decision to award damages instead of reinstatement violated the legal requirement that such a remedy is only appropriate when reinstatement is unfeasible or pointless due to significant misconduct or persistent conflict.

Legislator headnote

AI generated

Art. 8 KP; Art. 45 § 2 KP: Reinstatement to work is not considered unfeasible or pointless merely due to a conflict between an employee and a supervisor unless the conflict is serious, long-term, deep, and caused by the employee's fault.

Keywords

AI generated
reinstatement to work unfeasible remedy employee fault labor dispute Supreme Court ruling

Cited Legislation

AI generated
Art. 8 KP
Art. 45 § 2 KP
Art. 56 § 2 KP
Art. 233 § 1 KPC
Art. 382 KPC
Art. 98 § 1 KPC
art. 87 Konstytucji

Cited Case Law

AI generated

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