Legislator Case Law & Legislation
I PKN 122/00 AI generated

Supreme Court dismisses appeal for reinstatement due to lack of factual findings on impossibility of return to work.

Case Number I PKN 122/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal against a labor court judgment ordering reinstatement and damages. The lower court applied Article 45 § 2 of the Labor Code without establishing facts proving the impossibility or unreasonableness of reinstatement. The Supreme Court ruled that such an assessment requires specific factual findings and cannot be based on the opposing party's arguments alone.

Legislator headnote

AI generated

Art. 45 § 2 KP; Art. 227 KPC; Art. 328 § 2 KPC; Art. 3931 § 1 KPC; Art. 108 § 2 KPC: The application of Article 45 § 2 of the Labor Code to deny reinstatement requires the labor court to make specific factual findings regarding the impossibility or unreasonableness of returning the employee to work, rather than relying solely on the opposing party's arguments.

Keywords

AI generated
Labor Code Article 45 Reinstatement to work Labor court procedure Factual findings requirement Cassation appeal dismissal Unreasonable dismissal Labor dispute

Cited Legislation

AI generated
Art. 45 § 2 KP
Art. 227 KPC
Art. 328 § 2 KPC
Art. 3931 § 1 KPC
Art. 108 § 2 KPC

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