Supreme Court dismissed appeal; invalid termination before 1999 reform prevents new employer succession rule from applying.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the Marshal's Office against a labor court order restoring the plaintiff to her job. The court found that the employer's termination in 1999 was unjustified and that the new employer, created in 2000, could not rely on succession rules because the plaintiff was not yet an employee on that date. Consequently, the statutory provisions regarding the transfer of employment relationships did not apply to this specific case of wrongful dismissal prior to the reform.
Legislator headnote
AI generatedArt. 55 ust. 1 ustawy z dnia 13 października 1998 r. Przepisy wprowadzające ustawy reformujące administrację publiczną; Art. 45 § 1 Kodeksu pracy; The rule regarding the automatic transfer of employees to new employers upon administrative reform does not apply to individuals who were not yet employees at the time of the reform date, thereby leaving the original employer liable for wrongful termination.