Legislator Case Law & Legislation
I PKN 206/00 AI generated

Polish Supreme Court rules that impossibility of reinstatement must be assessed at trial closure under Art. 316 KPC. Verdict: partially_allowed

Case Number I PKN 206/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland quashed the lower court's dismissal of a worker's claim for reinstatement, remanding the case for a new evaluation. The worker argued that the dismissal was unlawful, while the employer contended the termination was justified by organizational restructuring. The court held that the assessment of whether reinstatement is impossible or unreasonable must be based strictly on the factual state of affairs existing at the time the trial concluded.

Legislator headnote

AI generated

Art. 316 § 1 KPC; Art. 45 § 2 KP: The assessment of whether reinstatement to work is impossible or unreasonable must be conducted according to the state of affairs existing at the time the trial is closed.

Keywords

AI generated
reinstatement to work impossibility assessment trial closure standard labor law procedure dismissal justification

Cited Legislation

AI generated
Art. 316 § 1 KPC
Art. 45 § 2 KP
Art. 386 § 6 KPC
Art. 393 § 1 KPC
Art. 93 ust. 2 pkt 3 ustawy o szkolnictwie wyższym

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