Legislator Case Law & Legislation
I PKN 293/99 AI generated

Employer's need under Labor Code does not cover changing employee duties due to health status.

Case Number I PKN 293/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal against the labor court's decision to reject his request for reinstatement to armed guard duties. The employee argued that the employer's need for armed guards did not justify changing his job due to medical restrictions, while the employer relied on medical certificates to reassign him to unarmed duties. The court ruled that the employer's decision was lawful based on medical evidence and that procedural defects in the lower court did not warrant cassation intervention.

Legislator headnote

AI generated

Art. 42 § 4 KP; Art. 379 pkt 5 KPC; The concept of employer's need under the Labor Code does not encompass changes to an employee's duties necessitated by the employee's health condition.

Keywords

AI generated
Labor Code employer need health status job change armed guard duties medical certificate evidence cassation procedural defect

Cited Legislation

AI generated
Art. 42 § 4 KP
Art. 379 pkt 5 KPC
Art. 392 KPC
Art. 393 KPC
Art. 149 § 2 KPC
Art. 214 KPC
Art. 133 § 3 KPC

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