Legislator Case Law & Legislation
I PKN 185/99 AI generated

Supreme Court dismisses claim that minor procedural breach justifies rejecting reinstatement under social law principles.

Case Number I PKN 185/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's decision denying the employee's request for reinstatement to her job. The lower courts argued that while the employer violated formal notification rules, the dismissal itself was justified and the minor breach did not warrant reinstatement under social law principles. The Supreme Court held that even a slight procedural violation does not justify rejecting a reinstatement claim, and the correct remedy is damages rather than dismissal.

Legislator headnote

AI generated

Art. 45 § 1 KP; Art. 8 KP: A minor procedural violation by an employer does not justify rejecting an employee's claim for reinstatement based on social law principles; the appropriate remedy is damages.

Keywords

AI generated
reinstatement to work social law principles procedural violation labor contract termination damages instead of reinstatement labor court procedure minor breach of law

Cited Legislation

AI generated
Art. 45 § 1 KP
Art. 8 KP
Art. 45 § 2 KP
Art. 393 § 1 KPC
Art. 108 § 2 KPC

Cited Case Law

AI generated

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