Legislator Case Law & Legislation
I PKN 342/99 AI generated

Supreme Court dismisses dismissal of leader position, ruling legal review excludes substantive artistic merit unless discrimination exists.

Case Number I PKN 342/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's claim to restore his position as leader of the double bass group in the State Philharmonic. The plaintiff argued that the employer's change of conditions was unlawful, while the employer contended the decision was based on subjective artistic evaluation and the plaintiff's refusal to apologize. The court held that judicial review of such dismissals is limited to legality, excluding substantive artistic merit unless the change constitutes discrimination.

Legislator headnote

AI generated

Art. 42 § 1 KP; Art. 30 § 4 KP: The court's review of a dismissal changing employment conditions for a group leader is limited to legality, excluding substantive artistic merit unless the change constitutes discrimination.

Keywords

AI generated
dismissal of employment contract group leader position subjective artistic evaluation legal review scope discrimination in dismissal labor law procedure state philharmonic

Cited Legislation

AI generated
Art. 42 § 1 KP
Art. 30 § 4 KP
Art. 393 § 15 KPC

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