Legislator Case Law & Legislation
I PKN 67/00 AI generated

Supreme Court dismissed cassation; minor breach does not preclude reinstatement under Labor Code.

Case Number I PKN 67/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

art. 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 generated
art. 45 § 2 Kodeksu pracy
art. 56 § 2 Kodeksu pracy
art. 393 § 1 Kodeksu postępowania cywilnego

Cited Case Law

AI generated
III CZP 59/98

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