Supreme Court dismisses appeal for reinstatement due to lack of factual findings on impossibility of return to work.
Legislator summary
AI generatedThe 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 generatedArt. 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.