Supreme Court dismissed appeal; job position liquidation does not bar reinstatement under Labor Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement to his former director position. The lower court found that the employer's liquidation of the director role, combined with a long-term sick leave and internal conflict, made reinstatement impractical despite the statutory protection of the employment relationship. The court ruled that the employer's ability to assign different work or change conditions under the Labor Code precludes a mandatory return to the exact former post when the position no longer exists.
Legislator headnote
AI generatedArt. 53 § 1 pkt 1 lit. b KP; Art. 42 § 1, 4 KP; Art. 45 § 1 KP: The protection of the stability of the employment relationship under the Labor Code also covers the extended sick pay period; the liquidation of the position held by an employee before the termination of the employment contract does not constitute an obstacle to ordering the employee's reinstatement to work under the same conditions.