Legislator Case Law & Legislation
I PKN 268/99 AI generated

Dismissal of appeal: Employer need not assess employee suitability for new role after mass layoffs due to department liquidation.

Case Number I PKN 268/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Alicja T.'s cassation appeal against the Regional Court's decision to reject her request for reinstatement. The court found that the employer's mass layoffs were legally justified by the liquidation of the warehouse department, leaving the plaintiff with no suitable alternative position within the company. Although the plaintiff argued the lower court failed to formally assess her suitability for the new economic department, the Supreme Court ruled this was a formal defect that did not affect the outcome since she lacked the necessary qualifications.

Legislator headnote

AI generated

Art. 233 § 1 KPC; Art. 380 KPC; Art. 473 KPC; Art. 246 KPC; Art. 247 KPC; Art. 302 § 1 KPC; Art. 393 § 1 KPC: The liquidation of a specific department's positions does not require the employer to assess the employee's suitability for another role before termination, and a formal procedural error in such an assessment does not justify overturning the dismissal if the employee lacks the requisite qualifications.

Keywords

AI generated
mass layoffs department liquidation employee reinstatement procedural defect suitability assessment labor law appeal evidence admissibility

Cited Legislation

AI generated
Art. 233 § 1 KPC
Art. 380 KPC
Art. 473 KPC
Art. 246 KPC
Art. 247 KPC
Art. 302 § 1 KPC
Art. 393 § 1 KPC

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