Legislator Case Law & Legislation
I PKN 555/00 AI generated

Employer re-accepting employee after invalid reinstatement order does not reactivate employment contract.

Case Number I PKN 555/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal regarding her claim that her employer's re-acceptance into work after a non-final reinstatement order constituted a new employment contract. The court found that the employer's actions, including granting leave, did not demonstrate a clear mutual intent to reactivate the previous relationship. Consequently, the court ruled that the prior employment contract was not revived and the dispute must be retried on the merits.

Legislator headnote

AI generated

Art. 65 Kodeksu pracy; Art. 56 Kodeksu pracy: Re-acceptance of an employee by an employer after a non-final court order reinstating them does not automatically reactivate the previous employment contract absent clear mutual intent to do so.

Keywords

AI generated
employment contract reactivation non-final court order mutual intent requirement labor law cassation employer re-acceptance reinstatement order effects labor dispute procedure

Cited Legislation

AI generated
art. 65 Kodeksu pracy
art. 56 Kodeksu pracy
art. 83 Kodeksu pracy
art. 393 § 1 Kodeksu postępowania cywilnego

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text