Supreme Court dismissed appeal; employee's claim to return to work lacks material legal basis under Polish Labor Code.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after her dismissal due to company restructuring. The lower courts found that while the employer violated collective agreement consultation rules, the employee's qualifications did not justify reinstatement given the significant reduction in her department's headcount. The Court ruled that the procedural provision allowing ex officio rulings does not create a substantive right to return to work if no such right exists in material law.
Legislator headnote
AI generatedArt. 4771 § 1 KPC; Art. 393 § 1 KPC: The procedural rule permitting courts to rule ex officio on claims arising from facts does not create substantive rights; a claim for reinstatement is inadmissible if it lacks a basis in material labor law.