I PKN 67/00
AI generated
Supreme Court dismissed cassation; minor breach does not preclude reinstatement under Labor Code.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the employer against the lower court's order to reinstate the employee. The employee argued that her dismissal was unjustified, while the employer contended her actions constituted a serious breach of duties. The court ruled that a minor breach of obligations does not automatically render reinstatement impossible or unreasonableness, as the lower court correctly exercised its discretion under the Labor Code.
Legislator headnote
AI generatedart. 45 § 2 w związku z art. 56 § 2 Kodeksu pracy; the fact that an employee's act constitutes a minor breach rather than a serious violation does not preclude the possibility of reinstatement to work.
Keywords
AI generated
reinstatement to work
minor breach of duties
Labor Code provisions
cassation appeal dismissal
discretion of labor court
Cited Legislation
AI generatedart. 45 § 2 Kodeksu pracy
art. 56 § 2 Kodeksu pracy
art. 393 § 1 Kodeksu postępowania cywilnego
Cited Case Law
AI generatedIII CZP 59/98