Supreme Court dismisses appeal; long tenure does not override employer's right to select lower-qualified staff for redundancy.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal against the labor court's decision to reject her request for reinstatement. The employer lawfully reduced 33 positions due to financial difficulties and combined two roles, selecting a candidate with higher formal qualifications over the plaintiff despite her longer tenure. The court ruled that the employer's freedom to define job requirements and select among candidates is protected by the Constitution and cannot be overridden by the plaintiff's argument that her seniority should equate to higher qualifications.
Legislator headnote
AI generatedArt. 45 ust. 1 Kodeksu pracy; Art. 8 Kodeksu pracy: The employer's right to select among employees during redundancy is not abused merely because a long-serving employee with lower formal qualifications is chosen over a less senior one with higher qualifications.