Legislator Case Law & Legislation
I PKN 290/99 AI generated

Dismissal of appeal: Organizational dismissal need not coincide with actual post elimination date.

Case Number I PKN 290/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a regional court ruling that rejected the employee's claim to reinstatement. The employee argued that the employer's dismissal lacked a real cause because the specific job position still existed on the formal date of termination, despite being eliminated shortly thereafter. The court held that organizational dismissals do not require the position to cease existing at the exact moment of termination, provided the elimination occurs within a short, non-distant period.

Legislator headnote

AI generated

Art. 45 ust. 1 Kodeksu pracy; Art. 393 § 1 Kodeksu postępowania cywilnego: A dismissal based on organizational changes, reduction of staff, or elimination of a post is valid even if the post still formally exists on the date of termination, provided the post is actually eliminated in connection with those changes within a short, non-distant period.

Keywords

AI generated
organizational dismissal elimination of post termination timing reinstatement claim labor law principle

Cited Legislation

AI generated
Art. 45 ust. 1 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego

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