Legislator Case Law & Legislation
I PKN 389/99 AI generated

Dismissal of cassation: awarding damages instead of reinstatement does not terminate the employment contract.

Case Number I PKN 389/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's decision to award damages rather than order reinstatement to the employee's former position. The facts show the employer unilaterally changed the employee's role and pay, and the employee submitted a protest letter but failed to explicitly refuse the new terms within the statutory deadline. The court ruled that the employment relationship continued under the new conditions because the employee's silence and continued presence did not constitute a clear refusal to accept the modified terms.

Legislator headnote

AI generated

Art. 42 § 3 KP; Art. 81 § 1 KP: An award of damages in lieu of reinstatement does not terminate the employment contract, but rather continues the relationship under the new conditions unless the employee explicitly refuses the proposed terms within the time limit specified in the law.

Keywords

AI generated
employment contract termination reinstatement damages unilateral change of terms employee refusal deadline guaranteed remuneration clear refusal requirement labor law interpretation

Cited Legislation

AI generated
Art. 42 § 3 KP
Art. 81 § 1 KP
Art. 45 § 2 KP
Art. 47 KP
Art. 365 § 1 KPC
Art. 366 KPC
Art. 65 § 1 KC
Art. 393 § 1 KPC

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